UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


LAW  LIBRARY 


INTERNATIONAL  RELATIONS/ 


BY 

STEPHEN  HALEY  ALLEN 

FORMERLY  A  JUSTICE  OF  THE   SUPREME   COURT  OF   KANSAS 


Author  of 

THE  EVOLUTION  OF  GOVERNMENTS  AND  LAWS 


PRINCETON  UNIVERSITY  PRESS 

PRINCETON,  N.  J. 
Sales  Agents  for  the  Author 


Copyright,  1920,  by 
STEPHEN  HALEY  ALLEN 

Published  January,  1920 


CONTENTS 

INTRODUCTORY 

CHAPTER  I 

SOVEREIGN  STATES — Early  Conceptions  of  Sovereignty  and 
International  Relations.  Modern  Conception  of  the  Na- 
tion. Want  of  Binding  Law  and  Supervising  Force  over 
the  Nations.  Composition  of  the  Nation.  Aliens  and 
Absentees. 

CHAPTER  II 

INTERNATIONAL  LAW — Dawn  of  International  Law.  Ambas- 
sadors and  Diplomatic  Agents.  Treaties.  European 
Political  Congresses.  The  Monroe  Doctrine. 

CHAPTER  III 

GENERAL  WELFARE  CONVENTIONS — The  Geneva  Convention. 
International  Bureau  of  Weights  and  Measures.  Protec- 
tion of  Submarine  Cables.  Repression  of  the  African 
Slave  Trade.  International  Union  for  the  Publication  of 
Customs  Tariffs.  Repression  of  the  Trade  in  White 
Women.  International  Institute  of  Agriculture.  The 
Algeciras  Convention.  International  Office  of  Public 
Health. 

CHAPTER  IV 

THE  UNIVERSAL  POSTAL  UNION — Universal  Postal  Conven- 
tion. 

CHAPTER  V 

COMMON  PROPERTY  OF  ALL  NATIONS — The  Sea.  Interna- 
tional Rules  for  Preventing  Collisions  at  Sea.  Safety  of 
Life  at  Sea.  Entry  in  port  of  destination.  Piracy.  As- 
sistance and  Salvage  at  Sea.  Fisheries.  Telegraphs: 
Cable  and  Radio.  Bed  of  the  Sea  and  Ocean  Products 
other  than  Fish.  Sanitation.  The  unseen  Natural 
Forces.  The  Air. 


iv  CONTENTS 

CHAPTER  VI 

SETTLEMENT  OF  INTERNATIONAL  DISPUTES  BY  ARBITRATION 
AND  MEDIATION — The  Alabama  Claims.  The  Fur-Seal 
Fisheries. 

CHAPTER  VII 

THE  HAGUE  CONFERENCES — Pacific  Settlement  of  Interna- 
tional Disputes.  Forcible  Collection  of  Contract  Debts. 
Declaration  of  War.  Laws  and  Customs  of  War  on 
Land.  Discharge  of  Projectiles  and  Explosives  from 
Balloons.  Laws  and  Customs  of  War  on  the  Sea. 
Status  of  Enemy  Merchant  Ships  at  the  Outbreak  of 
Hostilities.  Conversion  of  Merchant  Ships  into  War- 
ships. Laying  of  Automatic  Submarine  Contact  Mines. 
Bombardment  by  Naval  Forces  in  Time  of  War.  Adapta- 
tion to  Naval  War  of  the  Principles  of  the  Geneva  Con- 
vention. Right  of  Capture  in  Naval  War.  Rights  and 
Duties  of  Neutrals  in  Naval  War.  Declaration  of  Lon- 
don Concerning  the  Laws  of  Naval  Warfare.  Red  Cross 
Convention. 

CHAPTER  VIII 

OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS — Conven- 
tions of  the  Central  American  States.  Repression  of  the 
Circulation  of  Obscene  Publications.  International  Am- 
erican Conferences.  Pecuniary  Claims  Convention. 
Literary  and  Artistic  Copyright.  Protection  of  Trade- 
marks. Inventions,  Patents,  Designs,  and  Industrial 
Models.  Industrial  Property  Convention.  International 
Sanitary  Convention.  Wireless  Telegraph  Convention. 

CHAPTER  IX 

INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS — Suc- 
cesses and  Failure  of  the  General  Welfare  Conventions. 
National  Expansion. 

CHAPTER  X 

THE  LEAGUE  OF  NATIONS:  COVENANT  AND  PEACE  TREATY 
WITH  GERMANY. 


INTRODUCTORY 

The  relations  of  nations  and  of  people  to  each  other  are  de- 
termined by  the  sum  total  of  human  progress  and  of  the  ideals 
which  lead  men  to  happier  lives  and  more  useful  activities.  In 
the  march  of  civilization  law-makers  of  necessity  follow  rather 
than  lead.  The  great  inventions  which  arouse  the  imagination 
are  the  pioneers.  The  mariner's  compass  pointed  the  way  over 
the  unknown  seas  and  gave  assurance  that  whatever  course 
was  taken  might  be  retraced.  To  it  and  the  spirit  of  adventure 
it  aroused  the  world  owes  the  conversion  of  the  ocean  from  an 
impassable  barrier,  separating  the  continents  into  different 
worlds,  to  a  great  universal  thoroughfare  connecting  every 
port  of  every  land  with  every  other  port.  Following  the  dis- 
covery of  America  and  the  settlement  of  Europeans  along  its 
coasts  came  colonial  problems  to  the  statesmen  of  Europe  and 
the  necessity  of  changing  their  theories  of  rulership  by  arbi- 
trary force  for  a  system  affording  the  people  of  the  colonies 
some  measure  of  liberty  in  the  regulation  of  their  affairs.  With 
no  means  of  communication  between  the  two  continents  but 
sailing  vessels,  there  was  such  partial  isolation  as  induced  the 
growth  of  new  customs,  modes  of  life  and  ideas  of  social  re- 
lations. In  time  these  became  so  distinct  and  firmly  established 
that  the  colonists  would  not  submit  to  the  ill-advised  measures 
of  the  governments  of  the  parent  countries.  The  result  was 
political  separation  and  the  organization  in  the  western  hemi- 
sphere of  republican  governments  now  numbering  twenty-one. 

Political  separation  has  not  been  followed  by  isolation. 
Soon  after  it  took  place  the  relatively  small  and  slow  sailing 
vessels  which  had  brought  settlers  by  tens  and  by  hundreds 
were  supplemented  by  the  great  steamships  transporting  them 
swiftly  and  safely  by  thousands.  With  the  aid  of  the  steam- 
engines  in  use  during  the  nineteenth  century  for  the  first  time 
in  the  history  of  the  world,  Europe  and  America  were  drawn 
closer  and  closer  together,  till  the  manufacturing  and  commer- 


2  INTERNATIONAL  RELATIONS 

cial  states  of  the  former  became  dependent  on  the  latter  for  a 
large  part  of  their  daily  food  and  material  for  their  industries. 
The  stream  of  migration  swelled  until  more  than  a  million  peo- 
ple a  year  crossed  the  Atlantic  to  make  the  United  States  their 
home.  The  discovery  that  instantaneous  communication  could 
be  carried  on  by  means  of  a  broken  electrical  current  trans- 
mitted over  a  wire,  and  that  by  insulation  of  the  wire  the  cur- 
rent could  be  transmitted  through  the  water,  led  to  the  laying 
of  the  great  cables  across  the  ocean.  Through  these  corre- 
spondence between  governments  and  individuals  became  instan- 
taneous. The  breadth  of  the  ocean  interposed  no  obstacle  and 
caused  no  delay  in  the  transmission  of  messages.  The  many 
inventions  through  which  the  great  printing  presses  were  per- 
fected and  the  organization  of  the  press  associations  made 
possible  the  great  daily  papers  giving  to  the  public  on  all  con- 
tinents news  of  the  events  in  every  part  of  the  world.  Wire- 
less telegraphy  has  now  extended  this  instantaneous  communi- 
cation to  and  from  the  ships  on  the  sea.  Combining  the  use  of 
the  broken  electrical  current  with  that  of  the  explosive  force 
of  ignited  gas  the  long  dreamed  of  horseless  carriage  and  fly- 
ing machine  afford  rapid  transit  over  land  and  still  more  rapid 
movement  through  the  air.  The  shore  lines  place  limits  to  the 
ocean  highway,  but  the  thoroughfare  of  the  air  has  no  bound- 
aries or  limitations.  Neither  political  boundaries  nor  natural 
obstacles  bar  the  aviator's  passage.  National  isolation  is  a  con- 
dition of  the  past.  All  theories  of  government  and  of  social 
organization  based  on  it  are  obsolete.  The  world  is  one  and 
the  relations  of  its  peoples  must  be  adjusted  accordingly.  No 
man  is  entitled  to  the  name  of  statesman  who  does  not  think 
in  terms  of  the  whole  world  and  all  its  people.  Inventive 
genius,  private  enterprise,  and  personal  daring,  have  ushered 
in  the  new  age  of  universal  fellowship.  Under  this  leadership 
the  march  of  civilization  moves  on  at  a  rapidly  accelerated 
pace,  obstructed  more  often  than  aided  by  the  action  of  rulers 
and  law-makers.  The  inspiration  of  these  changed  conditions 
points  to  moral  advancement  corresponding  to  the  marvelous 
changes  in  the  material  world.  Statesmen  without  clear  vision 
of  the  moral  as  well  as  material  aspects  of  the  problems  pre- 


INTRODUCTORY  3 

sented  to  them  in  readjusting  international  relations  have  no 
right  to  sit  in  the  conferences  through'  which  the  new  relations 
are  to  be  adjusted. 

The  design  of  this  work  is  to  present  as  clearly  and  concisely 
as  possible  the  ancient  and  modern  conceptions  of  a  nation,  the 
attribute  of  ultimate  sovereignty  claimed  for  it,  its  composition 
and  boundaries,  the  laws  and  customs  followed  in  international 
dealings  and,  more  particularly,  the  modern  progress  in  regu- 
lating international  intercourse  by  international  conventions, 
efforts  to  prevent  war  by  arbitration  and  mediation,  and  to 
mitigate  its  barbarities  when  it  does  come.  In  order  to  present 
the  exact  situation  existing  at  the  outbreak  of  the  great  war 
the  important  general  conventions  which  were  then  in  force 
have  been  copied  in  full.  These  disclose  the  wonderfully  rapid 
progress  which  has  been  made  within  the  last  half  century  in 
international  cooperation  on  land  and  sea  for  the  safety  and 
welfare  of  all.  The  work  closes  with  the  peace  treaty  and  the 
constitution  of  the  league  of  nations. 

The  natural  method  of  treating  the  subject  of  government 
and  the  relations  of  states  is  to  begin  at  the  beginning  and 
trace  the  development  of  governmental  systems  down  to  the 
present  time,  but  this  cannot  be  done.  Aristotle  says — "Now 
if  any  one  would  watch  the  parts  of  a  state  from  the  very  first 
as  they  rise  into  existence,  as  in  other  matters,  so  here  he  would 
gain  the  truest  view  of  the  subject.  .  .  .  That  society  then, 
which  nature  has  established  for  daily  support,  is  a  family.  .  .  . 
But  the  society  of  many  families,  which  was  instituted  for  last- 
ing and  mutual  advantage,  is  called  a  village,  and  a  village  is 
most  naturally  composed  of  the  emigrant  members  of  one  fami- 
ly. ...  And  hence  by  the  way  states  were  originally  govern- 
ed by  kings,  as  the  Barbarians  now  are;  for  they  were  com- 
posed of  those  who  always  were  under  kingly  government. 
For  every  family  is  governed  by  the  elder  as  are  its  branches, 
on  account  of  their  relationship ;  and  this  is  what  Homer  says : 

"Then  each  his  wife  and  child  doth  rule 
for  in  this  scattered  manner  they  formerly  lived."1 

1  Aristotle's  Politics,  Book  I,  Chapter  2. 


4  INTERNATIONAL  RELATIONS 

The  family  taken  by  Aristotle  as  the  starting  point  of  his 
state  consisted  of  a  man  and  his  wife,  children,  and  slaves, 
whom  he  ruled.  Following  in  the  same  line  of  thought  Taylor 
says — "The  most  important  single  result  so  far  attained  by  the 
application  of  the  comparative  method  to  the  study  of  political 
institutions  is  embodied  in  the  discovery  that  the  unit  of  or- 
ganization in  all  the  Aryan  nations,  from  Ireland  to  Hindu- 
stan, was  the  naturally  organized  association  of  kindred — the 
family  swelled  into  the  clan — which  in  a  settled  state  assumed 
the  form  of  a  village  community."2 

The  paternal  theory  of  government,  so  prevalent  in  all  Asi- 
atic countries,  is  based  on  rulership  of  the  family  by  the  male 
head  of  it.  Most  writers  are  content  to  take  the  family  as  the 
starting-point  of  all  political  organization  and  to  build  tribe, 
gens,  village,  city  and  state  on  it  as  a  foundation.  Instances 
of  such  development  in  great  number  may  be  cited  from 
Hebrew,  Greek  and  Roman  history,  but  when  we  consider 
that  Greek  and  Roman  history  only  reach  back  a  scant  hundred 
generations,  and  Hebrew  records  perhaps  fifty  more,  and  that 
all  the  records  we  have  started  after  a  period  of  intellectual 
activity  sufficient  and  continuing  long  enough  to  produce  a 
written  language,  it  becomes  evident  that,  in  relation  to  the 
unnumbered  ages  since  man  appeared  on  earth,  all  history  is 
modern.  We  have  no  really  ancient  history  and  know  nothing 
about  really  old  civilization.  We  have,  however,  records  of 
the  rise  and  fall  of  nations  in  many  diverse  ways  in  great  num- 
ber. Apparently  the  Egyptian  and  Chinese  records  reach 
farthest  back  of  all,  but  of  course  they  fail  to  reach  the  be- 
ginning, and  start  with  a  considerably  advanced  state  of  so- 
ciety which  has  been  followed  by  many  radical  changes. 
Abraham  went  out  of  Ur,  a  city  of  the  Chaldees,  with  his 
family,  and  settled  in  Canaan  and  became  the  founder  of  the 
Hebrew  nation.3  He  did  not  spring  from  primitive  conditions, 
but  came  out  of  Chaldea  with  his  family  and  herds  to  seek 
more  favorable  surroundings.  His  grandchildren,  from  whom 
sprang  the  twelve  tribes  of  Israel,  went  into  captivity  in  Egypt, 

2  International  Public  Law,  Taylor  §  7. 

3  Genesis  XI-XII. 


INTRODUCTORY  5 

a  highly  civilized  and  productive  country,  from  which  their 
progeny  in  twelve  tribes  were  led  into  Palestine  by  Moses. 
There  they  established  a  permanent  settlement  with  a  theo- 
cratic government  and  division  of  the  land  among  them  by 
tribes.4  This  division  into  tribes  persisted  for  many  centuries 
in  accordance  with  the  laws  of  Moses  relating  to  the  tenure  of 
their  lands.  No  such  division  appears  to  have  been  maintained 
either  in  Egypt  or  Babylonia.  In  those  rich  and  populous 
countries  the  people  were  classified  according  to  official  posi- 
tion, wealth,  and  occupation,  and  subject  to  despotic  govern- 
ments ruling  over  all  of  them. 

In  the  early  settlements  of  Greece  there  were  tribal  growths 
from  which  city  states  developed.  As  manufactures  and  com- 
merce grew  tribal  divisions  in  the  principal  cities  disappeared. 
Rome  started  from  its  three  tribes,  but  when  it  became  a  great 
city  the  usual  differentiation  along  class  lines  took  place,  and  a 
very  large  part  of  the  population  was  made  up  from  outside 
districts  and  countries.  These  are  prominent  instances  of  na- 
tional beginnings  from  tribal  sources.  Many  others  concern- 
ing which  our  information  is  not  so  full  might  be  mentioned. 
Neither  of  those  mentioned  is  a  case  of  what  may  fairly  be 
called  primitive  people.  All  of  the  tribes  mentioned  proceeded 
out  of  civilized  countries  in  which  the  family  relations  were 
clearly  defined  by  law.  Abraham  was  the  head  of  a  polyga- 
mous family  and  had  wives,  children  and  servants  in  ac- 
cordance with  the  established  law  of  his  country.  The  Greeks 
and  Romans  had  advanced  from  polygamists  to  monogamists, 
but  included  slaves  as  a  part  of  the  household.  Aristotle  as- 
sumed this  to  be  the  natural  composition  of  a  family. 

Generally  tribal  development  takes  place  under  conditions  of 
comparative  isolation  and  poverty,  and  disappears  with  dense 
population  and  much  accumulation  of  wealth.  This  is  equally 
so  whether  the  progenitors  of  the  tribe  come  out  of  a  civilized 
state  or  break  off  from  a  savage  tribe.  The  Indians  of  the 
Americas,  the  natives  of  the  poorer  regions  of  Africa,  the 
Asiatics  in  the  desert  and  pastoral  countries,  exhibit  persistent 
divisions  into  tribes,  of  which  some  are  destroyed  in  wars,  by 
4  Numbers  Ch.  34-35  and  36. 


6  INTERNATIONAL  RELATIONS 

famine,  or  pestilence,  while  others  increase  in  numbers,  sepa- 
rate and  send  out  branches  from  which  new  tribes  are  formed. 
Indolence  and  improvidence  furnish  no  foundation  for  an  ex- 
tensive governmental  structure  or  an  elaborate  system  of  laws. 
So  long  as  these  are  general  conditions,  war,  pestilence  and 
famine,  prevent  great  increase  of  population  and  restrict  ideas 
of  government  to  mere  tribal  organization,  with  here  and  there 
a  confederacy  for  mutual  aid  in  war. 

The  confederacy  of  the  Iroquois  was  formed  of  the  tribes 
settled  in  the  game  filled  forests  of  New  York  near  lakes  and 
streams  filled  with  the  best  of  fish.  Before  the  advent  of  the 
Europeans  the  Mexicans,  though  without  a  written  language, 
had  made  much  progress  in  agriculture  and  manufactures,  and 
had  a  well  organized  government,  exercising  executive,  legis- 
lative, and  judicial  functions.  In  Peru  the  unique  socialistic 
despotism  of  the  Incas  proved  its  wonderful  efficiency  by  the 
great  public  works  and  accumulation  of  supplies  in  the  public 
warehouses  which  were  found  by  the  Spaniards.  Whichever 
may  be  regarded  as  the  cause  of  the  other,  industry,  thrift  and 
increase  of  population  on  one  hand,  and  governmental  organi- 
zation on  the  other,  attend  each  other.  In  the  numbers  of  its 
people  China  leads  all  the  nations.  Industry  and  thrift  from 
time  immemorial  have  been  characteristics  of  its  people.  From 
very  early  times  it  has  had  a  very  complicated  governmental 
system  with  a  multitude  of  officials.  There,  in  India,  and  most 
of  the  rest  of  Asia,  as  well  as  in  eastern  Europe,  the  village 
system  with  its  tribal  characteristics  still  persists  outside  the 
great  cities.  In  western  Europe,  over  which  Roman  dominion 
and  culture  extended,  there  are  few  survivals  of  tribal  rela- 
tions, the  exceptions  being  in  the  mountainous  districts  and 
among  Germanic  tribes. 

On  the  American  continent  there  have  been  no  tribal  devel- 
opments in  the  settlements  made  by  Europeans.  The  influx  of 
people  has  been  so  rapid  and  in  such  numbers  that  political  or- 
ganization has  started  as  a  conscious  combination  of  represen- 
tatives of  many  families  for  governmental  purposes.  Most  of 
the  savage  tribes  were  pure  democracies,  in  which  public  mat- 
ters were  determined  by  the  general  assembly  of  the  tribe. 


INTRODUCTORY  7 

This  democratic  spirit  pervaded  the  European  settlements  in 
America  and  public  concerns  were  discussed  and  determined  in 
the  town  and  county  gatherings.  The  more  general  concerns 
were  considered  and  dealt  with  by  assemblies  of  representa- 
tives, modelled  somewhat  on  the  plan  of  the  British  Parlia- 
ment, but  without  its  hereditary  nobility.  The  United  States 
may  fairly  be  called  a  pioneer  in  conscious  government  build- 
ing, but,  nevertheless,  with  an  imported  foundation  of  concep- 
tions of  law  brought  from  England. 

In  tracing  the  transmission  of  ideas  concerning  social  rela- 
tions we  find  that  the  Hebrews  brought  much  with  them  out 
of  their  ancestral  home  in  Chaldea  and  borrowed  some  from 
the  land  of  their  captivity,  Egypt.  The  lively  Greeks  brought 
with  them  the  customs  and  traditions  of  their  Asiatic  ances- 
tors, and  their  statesmen  and  philosophers  studied  the  politi- 
cal institutions  of  Babylon,  Egypt,  Crete,  Asia  Minor,  the 
Phoenicians  and  their  great  colonies,  and  of  all  the  people 
dwelling  about  the  Mediterranean  Sea.  The  Romans,  though 
more  advanced  in  their  governmental  work,  were  students  of 
the  Greek  philosophers  and  profited  greatly  from  their  teach- 
ings. All  Europe  and  America  have  the  benefit  of  the  light 
that  has  come  to  them  from  Palestine,  Greece  and  Rome,  and 
at  the  same  time  of  the  wider  view  which  includes  the  civiliza- 
tions of  India,  China  and  Japan,  and  the  yet  more  important 
lessons  drawn  from  the  experience  of  a  whole  world  now  open 
to  the  view  of  all,  and  supplied  with  facilities  for  instantaneous 
communications  between  the  most  remote  nations. 

While  the  prevailing  conception  of  a  state  both  in  ancient 
and  modern  times  has  relation  to  a  fixed  territory,  there  are 
instances  of  migratory  nations,  the  first  accounts  of  which  are 
of  organized  masses  of  people,  either  allured  by  some  more 
attractive  country  or  driven  from  their  own  by  some  superior 
force.  Such  were  the  Aryan  conquerors  of  India,  who  moved 
down  from  the  northwest  and  spread  over  the  great  peninsula. 
Such  have  been  the  hordes  pouring  into  Europe  across  the 
grass  lands  of  southern  Russia. 

The  Romans  had  more  practical  wisdom  in  political  affairs 
than  the  Greek  philosophers,  whose  central  purpose  was  to 


8  INTERNATIONAL  RELATIONS 

build  states  with  enduring  governments,  each  thoroughly 
equipped  for  defense  in  war.  Beginning  with  the  conquest  of 
the  neighboring  Latin  people,  the  Romans  treated  them  as  al- 
lies rather  than  subjects,  with  equality  of  right  in  the  acquisi- 
tion of  land  and  chattels  and  in  trade.  This  relation,  estab- 
lished during  the  early  monarchy,  continued  under  the  repub- 
lic. As  other  conquests  were  made  Latin  rights  were  accorded 
to  some  of  the  conquered  districts  but  not  to  all.  As  Roman 
power  was  extended  four  classes  of  communities  came  into  ex- 
istence within  the  Republic : 

1.  Roman,   with   full   Roman   citizenship,   which   however 
could  only  be  exercised  in  political  affairs  by  the  citizen  in 
person  at  Rome. 

2.  Latin  rights,  with  municipal  freedom  and  local  govern- 
ment corresponding  in  form  to  that  of  Rome,  but  in  all  mat- 
ters of  foreign  policy,  of  peace  and  war,  under  the  guidance  of 
Rome,  and  prohibited  from  all  other  alliances  within  or  with- 
out the  Republic. 

3.  Communities  whose  members  were  citizens  sine  suffragio, 
included  in  the  census,  but  neither  entitled  to  vote  or  hold  of- 
fice. 

4.  Non-Latin  communities  with  varying  rights  depending 
on  treaties  or  Roman  decrees. 

By  conquest  and  by  diplomacy  the  sovereignty  of  Rome  was 
extended  over  southern  and  western  Europe,  northern  Africa, 
Asia  Minor,  Syria,  Armenia  and  all  the  islands  of  the  Medi- 
terranean and  other  interior  Seas.  A  single  sovereignty  was 
thus  extended  over  all  the  great  western  nations  and  all  the 
little  city  states  among  which  destructive  wars  had  raged  from 
the  most  remote  time.  No  nation  approximated  Rome  in 
strength.  For  all  this  vast  territory  Rome  furnished  law  and 
forbade  conflicts  between  its  dependencies.  Far  away  Persia 
and  the  barbarians  of  northern  and  eastern  Europe  waged  war 
at  times,  but  there  was  little  room  for  the  play  of  international 
law  between  the  Roman  Empire  and  its  relatively  weak  neigh- 
bors. The  jus  gentium,  law  of  nations,  of  the  Romans  was 
law  governing  internal,  not  external,  relations.  Its  principles 
were  gathered  from  the  nations  taken  into  the  Empire  and  out 


INTRODUCTORY  9 

of  these  the  jurists  sought  to  extract  jus  naturde.  China  and 
India,  though  large  and  populous,  were  so  remote  and  little 
known  as  to  call  for  no  regulation  of  intercourse  or  relations. 
During  the  continuance  of  the  Roman  Empire  in  substantial 
integrity  Europe  presented  no  field  for  the  growth  of  inter- 
national law.  The  rise  of  Mohammedan  power  based  on  re- 
ligious zeal  was  contemporaneous  with  the  later  period  of  the 
decay  of  the  Roman,  and  religious  intolerance  on  both  sides 
rendered  any  profitable  discussion  of  international  relations 
impracticable.  Roman  civilization  became  obscured,  and  over 
most  of  the  Empire  utterly  obliterated,  as  the  waves  of  barbar- 
ians from  the  German  forests  and  over  the  steppes  of  Russia 
swept  over  it.  Charlemagne  built  a  great  empire  by  his  mili- 
tary genius,  but  it  was  dependent  on  his  personality  and  crum- 
bled in  the  hands  of  his  weak  successors.  Jenghis  Kahn  and 
his  successors  devastated  Asia  and  Europe  with  their  savage 
hordes  and  built  a  great  but  short-lived  military  despotism. 
They  had  little  use  for  law  within  or  without  their  dominions, 
or  for  treaties  with  other  nations. 


CHAPTER  I 
SOVEREIGN  STATES 

EARLY  CONCEPTIONS  OF  SOVEREIGNTY  AND  INTERNATIONAL 

RELATIONS 

The  stages  of  the  growth  of  conceptions  of  sovereignty 
must  be  traced  more  by  comparison  of  contemporaries  than  by 
historical  records  of  the  progress  of  particular  tribes  and 
states,  for  history  is  altogether  too  incomplete  to  show  the 
chain  of  events  from  the  days  of  primitive  savages  to  the  or- 
ganization of  their  descendants  into  highly  civilized  states. 
The  starting  point  of  the  investigation  is  not,  as  many  writers 
make  it,  the  distinct,  well  ordered  family,  but  the  promiscuous 
herd,  utterly  devoid  of  law  and  order.  Out  of  this  chaos  have 
slowly  emerged  family  and  tribal  organizations.  Leadership 
in  war  has  usually  given  influence  in  council,  but  such  sover- 
eignty as  exists  in  a  primitive  tribe  is  in  the  general  assembly 
of  all  its  members.  In  exceedingly  diverse  ways  temporary 
leaders  of  tribes  have  acquired  continuing  power,  and  with  in- 
crease in  numbers  and  wealth  rudimentary  governmental  func- 
tions have  come  into  being.  War,  disease  and  famine  have 
taken  their  tolls  of  human  life  with  consequent  partial  or  total 
destruction  of  the  tribe.  Only  the  more  prudent,  hardy  or 
fortunate  ones  have  survived  to  continue  their  development. 
With  increase  of  numbers  the  home  instinct  asserts  itself  and 
families  become  more  clearly  defined  and  segregated.  These 
usually  have  been  in  part  polygamous  and  in  part  monogamous, 
the  stronger  or  more  crafty  males  enslaving  more  or  less  of 
the  females.  Polyandry,  though  much  more  rare,  has  become 
an  established  system  in  some  tribes.  Reliable  records  contain- 
ing the  early  history  of  the  nations  known  to  us  are  very 
meager  and  in  the  nature  of  things  commence  after  the  inven- 
tion of  letters,  which  in  itself  is  evidence  of  very  considerable 
progress  in  civilization. 


SOVEREIGN  STATES  n 

The  earliest  comprehensive  discussion  of  the  various  forms, 
purposes  and  principles  of  government  that  has  come  down  to 
us  is  that  of  the  Greek  philosophers  after  the  Persian  invasion 
and  prior  to  the  time  of  Alexander  of  Macedon.  Socrates, 
Plato,  Aristotle  and  numerous  others  discussed  these  matters 
with  a  wealth  of  research  and  clearness  and  force  of  reasoning 
that  commands  the  admiration  of  modern  readers.  The  basis 
on  which  their  reasoning  was  built  was  the  Greek  world  with 
its  many  small  cities,  the  Phoenician  and  other  cities  of  the 
Mediterranean  shores,  Egypt,  Crete,  Palestine,  Asia  Minor, 
Mesopotamia,  Persia,  the  barbarians  of  the  surrounding  coun- 
tries and  faint  gleams  of  light  from  distant  India.  The  period 
was  one  of  brilliant  achievement  and  great  intellectual  activity. 

Aristotle  starts  his  discussion  of  the  founding  of  a  state 
with  his  views  concerning  the  proper  organization  of  a  family, 
which  he  makes  consist  of  a  master,  his  wife,  children  and 
slaves.  He  accepts  slavery  as  a  natural  and  necessary  institu- 
tion and  mastery  of  the  husband  over  his  wife  and  children. 
The  state  he  contemplates  is  made  up  of  families  living  in  a 
city  or  well  defined  district  of  small  size.  Viewed  from  our 
standpoint  and  surroundings  his  state  appears  as  merely  the 
next  step  in  advance  of  tribal  organization,  yet  his  definitions 
of  monarchies,  tyrannies,  oligarchies,  aristocracies,  and  dem- 
ocracies and  of  the  various  kinds  of  each,  the  principles  on 
which  they  act,  their  good  and  bad  tendencies  and  the  laws 
which  should  govern  them,  are  most  enlightening  to  the  stu- 
dent of  the  subject  now.  .Unity  of  purpose  and  accountability 
was  the  central  idea  of  the  Greeks  in  the  structure  of  their 
states.  The  welfare  of  the  state  as  a  political  entity  was 
deemed  of  more  importance  than  that  of  the  citizens  as  indi- 
viduals. Lacadaemonia  affords  an  extreme  illustration  of  these 
views,  with  efficiency  in  war  as  the  prime  object  in  the  organi- 
zation of  the  state.  To  promote  unity  of  sentiment  home  life 
was  destroyed  and  common  tables  provided.  Rigid  discipline 
for  the  young  and  a  hard  life  for  the  mature  were  enforced. 
In  battle  the  soldier  must  fight  to  the  death  and  the  survivor  of 
a  lost  battle  was  forever  disgraced.  At  Athens  democratic 
principles  obtained,  and  far  more  scope  was  allowed  for  in- 


12  INTERNATIONAL  RELATIONS 

dividuality  and  the  private  welfare  of  the  citizens.  Under  the 
leadership  of  Aristides  the  Athenians  succeeded  in  forming  a 
confederacy  for  the  protection  of  the  Greek  cities  against  the 
Persians  about  477  B.C.  The  general  policy  of  the  confeder- 
acy was  determined  by  a  synod  of  representatives  of  the  cities 
which  met  at  Delos  in  the  temple  of  Apollo.  Yearly  contri- 
butions were  made  by  the  members,  first  of  ships  and  men  and 
later  of  money.  In  time  Athens  assumed  control  of  these  con- 
tributions and  enforced  their  payment,  thus  rendering  the 
other  cities  its  tributaries.  In  the  course  of  time  the  synod  of 
representatives  ceased  to  exercise  authority  and  all  matters  of 
interest  to  the  confederacy  were  determined  at  Athens.  Dis- 
content among  her  democratic  allies  caused  by  the  arbitrary 
authority  exercised  by  Athens  over  them  and  the  jealousy  of 
Sparta  and  her  oligarchical  confederates  culminated  in  the 
Peloponnesian  war  and  the  downfall  of  Athens.  Two  Greek 
confederacies  had  been  formed  and  were  the  parties  to  this 
war,  which  proved  mutually  destructive  to  both  and  was  fol- 
lowed by  the  Macedonian  conquest. 

Larger  states  organized  on  very  different  principles  were 
well  known  to  the  Greeks.  Babylon  was  visited  by  Herodotus, 
and  from  him  we  learn  something  of  its  laws  and  the  manners 
and  customs  of  its  people.  It  was  far  greater  than  any  Greek 
city,  and  its  king  in  the  height  of  its  power  ruled  over  a  vast 
territory  extending  from  Egypt  into  Persia.  The  king  ruled 
under  a  claim  of  divine  right.  He  established  laws  for  the 
government  of  his  subjects  but  was  himself  above  all  laws. 
The  Code  of  Hammurabi  is  the  oldest  code  of  written  laws 
known  to  us,  but  was  doubtless  preceded  by  others.  Substan- 
tially the  same  theory  of  sovereign  power  prevailed  in  the 
kingdoms  of  Assyria,  Media,  Persia,  Egypt  and  India.  The 
sovereign  made  laws  but  did  not  submit  to  them.  Distant 
conquests  were  mainly  for  the  purpose  of  extorting  tribute, 
which  was  sometimes  paid  by  the  cities  and  districts  through 
their  own  officers,  and  in  other  cases  collected  by  satraps  wield- 
ing the  despotic  powers  of  the  sovereign  for  their  own  advan- 
tage as  well  as  to  get  the  tribute  for  the  king.  The  funda- 
mental idea  of  sovereignty  in  most  of  the  Asiatic  kingdoms 


SOVEREIGN  STATES  13 

was  paternal  absolute  power  vested  in  a  king,  while  that  of  the 
Greek  cities  was  a  state  composed  of  its  citizens  and  ruled  by 
such  and  so  many  of  them  as  were  vested  with  power  at  the 
time.  The  fact  that  tyrants  usurped  arbitrary  power  at  times 
did  not  change  the  prevailing  conception  of  the  unity  and  sov- 
ereignty of  the  city  itself. 

The  Chinese,  then  unknown  to  the  Greeks,  adopted  the  pa- 
ternal theory  of  government,  but  Confucius  conceded  the  right 
of  the  emperor  to  rule  only  so  long  as  he  himself  obeyed  the 
laws.  The  powers  actually  wielded  by  the  Chinese  rulers  were, 
however,  not  much  less  arbitrary  than  those  exercised  by  the 
kings  of  western  Asia,  but  the  very  great  numbers  of  their 
people  precluded  direct  personal  rulership  as  to  most  of  them 
and  rendered  government  by  law  a  necessity.  The  isolation 
of  China  and  the  multiplication  of  its  homogeneous  people  ren- 
dered its  position  unique,  yet  it  is  interesting  to  note  the  simi- 
larity of  the  experiments  in  government  that  have  been  tried 
there  to  those  of  the  nations  of  the  west.  It  is  also  noteworthy 
that  in  the  4th,  5th  and  6th  centuries  B.C.  there  was  profound 
consideration  of  the  principles  of  government  by  Chinese  as 
well  as  by  Greek  philosophers.  Lao-Tsze  and  Confucius  were 
contemporaries  of  Socrates  and  of  Pericles  who  led  in  the  most 
brilliant  period  of  Athenian  history.  Plato,  Aristotle  and  a 
multitude  of  other  brilliant  men  followed.  China  still  looks 
to  Confucius  as  its  greatest  teacher  and  lawgiver,  and  the 
western  world  with  all  its  changes  and  progress  still  admires 
the  wisdom  of  the  Greek  philosophers.  The  date  of  the  com- 
pilation of  the  great  Hindoo  Code  of  Manu,  which  has  so  pro- 
foundly influenced  the  social  life  of  India,  is  uncertain,  but  it 
was  probably  somewhat,  and  may  have  been  very  much  earlier. 

With  Greek  soldiers  Alexander  of  Macedon  extended  his 
power  over  Egypt,  Asia  Minor,  Persia  and  Mesopotamia,  and 
on  into  India,  but  his  mastery  was  not  perpetuated  by  his  suc- 
cessors in  accordance  with  Greek,  but  of  Asiatic  principles  of 
government.  His  relations  with  all  the  nations  with  which  he 
came  in  contact  were  merely  that  of  a  warrior  who  knew  no 
law  but  that  of  might.  His  career  affords  abundant  proof 
of  the  truth  of  many  of  the  sayings  of  his  great  teacher,  Aris- 


i4  INTERNATIONAL  RELATIONS 

totle,  but  not  of  his  success  in  inculcating  sound  moral  prin- 
ciples in  his  pupil.  Aristotle  said  "Nothing  is  so  savage  as 
injustice  in  arms,"1  and  "He  who  bids  the  law  to  be  supreme 
makes  God  supreme,  but  he  who  intrusts  man  with  supreme 
power,  gives  it  to  a  wild  beast,  for  such  his  appetite  sometimes 
makes  him;  passion,  too,  influences  those  who  are  in  power, 
even  the  very  best  of  men ;  for  which  reason  the  law  is  intellect 
free  from  appetite."2 

Though  neighboring  tribes  of  savages  have  at  times  had  un- 
derstandings with  each  other  with  reference  to  the  use  of  hunt- 
ing grounds,  the  occupancy  of  land  and  other  matters  of  con- 
cern to  both,  the  instability  of  their  organizations  and  the 
vicissitudes  of  savage  life  have  rendered  the  establishment  of 
general  rules  governing  the  relations  of  tribe  to  tribe  impos- 
sible. Want  of  the  use  of  letters  precludes  all  written  codes, 
treaties  and  conventions.  Tribal  warfare  has  generally  been 
waged  to  drive  out  or  exterminate  the  enemy,  with  no  restric- 
tions designed  to  mitigate  its  barbarities.  Peaceful  relations 
have  often  been  maintained  for  considerable  periods  in  ac- 
cordance with  tribal  agreements,  but  war  between  tribes  has 
known  no  restrictions  of  its  methods.  In  America  and  Africa 
in  recent  times  utter  extermination  of  one  tribe  by  another  has 
sometimes  occurred. 

The  earliest  known  limitations  on  the  savageries  of  war 
have  resulted  from  religious  teachings  among  related  people  of 
considerable  culture.  The  Amphyctionic  League  of  Greek 
cities  did  not  prohibit  its  members  from  warring  with  each 
other,  but  forbade  them  to  cut  off  the  water  supply  of  a  be- 
sieged city  or  to  raze  it  when  taken.  No  such  restriction  saved 
Troy  from  the  earlier  Greeks,  nor  Carthage  from  the  later 
Romans.  The  ancient  cities  of  Mesopotamia  and  many  of 
those  of  Asia  Minor  were  destroyed  by  merciless  conquerors 
in  periods  of  war,  and  the  civilization  which  had  developed 
in  Babylon,  Nineveh  and  succeeding  cities  was  blotted  out. 
Joshua  utterly  destroyed  Jericho  and  all  its  inhabitants  except 

1  Politics  B.  i,  Ch.  2. 
*  Politics  B.  3,  Ch.  XVI. 


SOVEREIGN  STATES  15 

Rahab  and  her  household  who  had  concealed  his  spies.3  In  the 
wars  of  the  Israelites  no  restrictions  were  placed  on  the  slaugh- 
ter of  enemies  unless  for  special  reasons. 

The  Aryan  invaders  of  India,  at  an  early  date  that  cannot 
be  definitely  fixed,  placed  important  restrictions  on  the  savag- 
ery of  war.  The  laws  of  war  in  the  Code  of  Manu  provide — 

90.  "Let  no  man  engaged  in  combat  smite  his  foe  with  sharp  weapons 
concealed   in   wood,    nor   with   arrows   mischievously   barbed,   nor   with 
poisoned  arrows,  nor  with  darts  blazing  with  fire; 

91.  "Nor  let  him  in  a  car  or  on  horseback  strike  his  enemy  alighted  on 
the  ground ;  nor  an  effeminate  man ;  nor  one  who  sues  for  life  with  closed 
palms;  nor  one  whose  hair  is  loose  and  obstructs  his  sight;  nor  one  who 
sits  down  fatigued;  nor  one  who  says  'I  am  thy  captive'; 

92.  "Nor  one  who  sleeps;  nor  one  who  has  lost  his  coat  of  mail;  nor 
one  who  is  naked;  nor  one  who  is  disarmed;  nor  one  who  is  a  spectator, 
but  not  a  combatant;  nor  one  who  is  fighting  with  another  man. 

93.  "Calling  to  mind  the  duty  of  honorable  men,  let  him  never  slay  one 
who  has  broken  his  weapon;  nor  one  who  is  afflicted  with  private  sorrow; 
nor  one  who  has  been  grievously  wounded;  nor  one  who  is  terrified;  nor 
one  who  turns  his  back." 

201.  "Having  conquered  a  country  let  him  respect  the  deities  adored 
in  it  and  their  virtuous  priests;  let  him  also  distribute  largesses  to  the 
people,  and  cause  a  full  exemption  from  terror  to  be  loudly  proclaimed. 

202.  "When  he  has  perfectly  ascertained  the  conduct  and  intentions  of 
all  the  vanquished,  let  him  fix  in  that  country  a  prince  of  the  royal  race 
and  give  him  precise  instructions. 

203.  "Let  him  establish  the  laws  of  the  conquered  nation  as  declared  in 
their  books ;  and  let  him  gratify  the  new  prince  with  gems  and  other 
precious  gifts."4 

Some  of  the  foregoing  rules  and  restrictions  will  be  recog- 
nized as  corresponding  with  the  Geneva  and  Hague  Conven- 
tions so  recently  adopted  and  more  recently  so  grossly  violated. 
The  provisions  of  these  conventions  are  to  be  found  in  suc- 
ceeding parts  of  this  work.  No  such  humane  principles  ap- 
pear to  have  ever  obtained  in  western  Asia,  and  the  present 
state  of  desolation  in  districts  once  highly  cultured  is  due  in 
main  to  the  savagery  of  war.  The  religious  principles  of  the 

3  Joshua  Ch.  5. 

4  Code  of  Manu,  Translation  by  Sir  William  Jones,  §  90-91-92-93-201-202- 
203.    Ch.  7.    Evolution  of  Governments  and  Laws,  pp.  1033-1036. 


16  INTERNATIONAL  RELATIONS 

Greeks  preserved  most  of  their  cities  from  annihilation  but  did 
not  save  them  from  the  miseries  of  war.  Though  from  the 
earliest  times  of  which  we  have  historical  accounts  there  were 
numerous  powerful  nations  in  western  Asia  and  on  the  shores 
of  the  Mediterranean  and  Black  Seas,  which  were  accustomed 
to  .the  use  of  letters,  to  trading  with  one  another,  and  each  of 
which  had  established  governments  and  national  personality, 
no  attempt  seems  to  have  ever  been  made  to  develop  anything 
approximating  international  law  among  them.  Wars  were  not 
always  waged  with  a  purpose  to  exterminate  the  enemy  but 
often  to  extort  tribute  or  capture  slaves.  The  Romans  early 
adopted  a  wise  and  humane  policy  of  binding  their  conquered 
foes  to  Rome  by  liberal  treatment  and  mutually  profitable  deal- 
ings. This  policy  quite  as  much  as  Roman  legions  was  the 
cause  of  the  growth  and  solidity  of  the  Republic.  The  Empire 
followed,  uniting  all  the  civilized  parts  of  the  known  world 
east  of  Persia  under  one  government.  During  its  existence 
there  was  little  room  for  international  law,  for  one  nation  pre- 
scribed law  for  all  the  people. 

MODERN  CONCEPTION  OF  THE  NATION 

That  the  land  area  of  the  world,  except  parts  of  Africa  and 
small  parts  of  Asia,  is  divided  among  nations  with  fixed  terri- 
torial boundaries,  each  under  a  government  responsible  for  its 
own  acts  and  also  for  the  conduct  of  its  citizens  and  subjects, 
is  now  the  accepted  doctrine  on  which  all  international  law  is 
based.  This  preserves  in  all  essential  particulars  the  Greek 
conception  of  distinct  individuality  in  the  state  with  unity  of 
political  purpose  and  accountability,  but  without  restriction  as 
to  extent  or  contiguity  of  territory.  In  the  requirement  of 
definiteness  of  territorial  boundaries  it  perpetuates  the  theory 
of  dominion  established  in  feudal  times,  which  based  all  gov- 
ernmental power  on  land  tenure,  the  king  being  the  ultimate 
owner  of  all,  and  those  having  local  authority  his  tenants  and 
subtenants.  It  also  accords  with  the  feudal  system  in  allowing 
a  nation  to  have  remote  and  disconnected  possessions.  What- 
ever its  form  of  government  or  the  extent  of  its  territory  the 
corporate  accountability  of  the  state  through  its  government  is 


SOVEREIGN  STATES  17 

as  full  as  under  either  the  Greek,  the  paternal,  or  the  feudal 
theory  of  rulership.  Within  its  dominions  its  authority  is  ex- 
clusive, except  as  special  governmental  functions  may  be 
granted  or  delegated  by  treaty  to  other  nations.  National  en- 
tity is  recognized  by  the  community  of  nations  in  San  Marino, 
with  its  twenty-three  square  miles  of  territory  and  8200  peo- 
ple, as  well  as  in  Great  Britain  with  colonies  and  dependencies 
on  every  continent.  San  Marino  answers  the  description  of 
the  Greek  city  state,  while  the  British  Empire  includes  all  races 
of  people,  in  every  stage  of  civilization,  and  living  under  the 
most  diverse  climatic  and  economic  conditions.  Between  these, 
in  varying  extent  and  composition,  are  other  firmly  organized 
nations,  which  separately  or  in  combination  assume  rulership 
of  the  whole  world.  Much  of  Africa  and  parts  of  Asia  are  not 
yet  subjected  to  orderly  government,  but  the  European  States 
have  apportioned  these  parts  among  themselves,  denominating 
large  parts  of  Africa  as  spheres  of  influence,  for  the  govern- 
ment of  which  they  do  not  assume  full  responsibility. 

Though  its  nations  dominate  so  much  of  the  lands  of  other 
continents  and  of  the  remote  islands,  Europe's  internal  divi- 
sions and  boundaries  are  still  in  a  state  of  change  and  transi- 
tion. Most  great  modern  wars  have  been  waged  by  European 
nations  against  each  other,  to  gratify  the  ambitions  of  rulers 
and  commercial  and  industrial  leaders  for  extended  mastery. 
The  great  war  just  ended  is  no  exception.  It  was  instituted 
without  any  necessity  or  justification,  to  further  the  ambitions 
of  military  rulers  and  the  classes  of  their  subjects  which  ex- 
pected to  derive  especial  advantage  from  aggressive  warfare. 
The  result  has  been  the  reverse  of  that  anticipated  by  its  auth- 
ors. This  result  has  been  achieved  by  a  world-wide  combina- 
tion of  forces.  This  combination  was  possible  mainly  because 
the  sense  of  humanity  was  shocked  by  the  ruthless  slaughter  of 
people  who  had  done  nothing  to  warrant  attacks  on  them,  and 
by  the  disregard  of  the  rules  adopted  at  the  Hague  Conference 
to  mitigate  the  horrors  and  barbarities  of  war.  A  league  in- 
cluding nearly  all  the  great  nations  of  the  world  was  formed 
to  overthrow  the  Central  Powers.  The  result  has  been  -more 
far-reaching  than  was  anticipated.  The  Russian  despotism, 


!8  INTERNATIONAL  RELATIONS 

which  was  fighting  in  alliance  with  the  popular  governments 
of  western  Europe,  was  the  first  to  fall,  and  the  vast  empire 
which  included  so  large  a  part  of  Europe  and  Asia  is  now  in 
such  a  condition  of  disorganization,  turmoil,  and  suffering,  as 
usually  attends  the  overthrow  of  a  long  established  despotism. 
How  many  separate  states  will  be  formed  from  its  fragments 
cannot  yet  be  foretold,  but  it  now  seems  probable  that  it  will 
be  divided  into  states  more  nearly  corresponding  in  size  to  the 
other  nations  of  Europe.  The  Empire  of  the  Turks,  which 
has  been  waning  for  a  century,  is  now  about  to  be  broken  up, 
and  the  Armenians  and  other  subject  people  who  have  endured 
its  tyrannies  and  persecutions  will  be  liberated  and  placed  un- 
der the  protection  of  the  League  of  Nations.  The  dual  mon- 
archy of  Austria-Hungary,  which  for  centuries  has  blocked 
the  progress  of  free  institutions  in  central  Europe,  is  disrupted, 
and  the  people  it  has  ruled  so  long  are  organizing  new  govern- 
ments according  with  racial  lines.  Germany,  most  powerful 
and  efficiently  organized  for  war  of  all  the  nations  of  the 
world,  with  a  population  mainly  homogeneous,  is  now  in  a 
state  bordering  on  anarchy.  Famine  threatens  its  people,  and 
to  the  losses  occasioned  by  war  are  added  the  burdens  of  in- 
debtedness and  of  payment  of  compensation  for  the  destruc- 
tion wrought  in  the  territories  occupied  by  them  and  reached 
by  their  guns  and  air  crafts.  Out  of  the  wrecks  of  these  em- 
pires the  ancient  Polish  state,  which  had  been  partitioned 
among  these  despotisms  in  1795  and  prior  thereto,  is  again 
taking  form  and  asking  for  its  place  among  the  nations.  The 
Czechs  and  Slovaks  are  forming  a  new  state  and  the  Jugo- 
slavs are  seeking  a  reconstruction  along  racial  lines.  Many 
conflicting  claims  and  projects  are  presented  which  impera- 
tively demand  concert  of  action  by  the  nations  that  have  not 
been  broken  up  by  the  war  to  aid  in  the  restoration  of  order  in 
the  territory  formerly  ruled  by  these  disrupted  governments. 
The  peace  conference  has  to  deal  with  conditions  of  disorgani- 
zation where  at  the  beginning  of  the  war  were  strongly  central- 
ized governments.  The  principles  on  which  the  conference  is 
proceeding  render  it  impossible  to  settle  the  status  of  all  the 
disorganized  territories.  Questions  with  reference  to  the  au- 


SOVEREIGN  STATES  19 

tonomy  of  the  different  parts  of  each  of  the  disrupted  empires 
may,  and  probably  will,  require  a  long  process  of  settlement 
involving  the  submission  to  the  people  of  many  localities  of 
questions  as  to  their  political  affiliations  and  territorial  combi- 
nations. For  a  time  it  may  require  a  large  police  force  to  pre- 
serve the  peace  until  fair  and  just  settlements  of  the  contro- 
versies can  be  arrived  at.  The  situation  is  far  different  from 
that  presented  to  the  Congress  of  Vienna  in  1814  and  1815, 
when  the  map  of  Europe  was  redrawn  in  accordance  with  the 
views  of  triumphant  monarchs.  There  were  then  no  trouble- 
some questions  as  to  the  rights  and  preferences  of  the  people 
of  the  various  districts.  The  interests  of  rulers  and  the  bal- 
ance of  power  were  the  only  considerations  having  weight. 
The  principle  of  despotic  government  had  been  sustained 
through  the  wars,  and  the  so-called  Holy  Alliance  was  formed 
to  perpetuate  it.  The  problem  now  is  one  of  reorganization  in 
accordance  with  higher  ideals.  The  rulers  of  Europe  are  no 
longer  either  the  dominant  force  in  the  conference  or  their 
claims  a  subject  of  consideration.  The  great  problem  is  to 
organize  Europe  in  the  manner  best  calculated  to  preserve 
harmony  and  good  relations  between  the  states  and  peace  and 
prosperity  among  the  people.  The  League  of  Nations  appears 
to  be  an  indispensable  agency  to  complete  the  work  of  making 
a  real  treaty  of  peace.  The  people  of  the  separate  districts 
which  have  no  clearly  defined  relation  to  any  established  gov- 
ernment require  the  protection  of  a  supervising  organization 
until  such  time  as  their  status  can  be  settled  in  accordance  with 
their  wishes,  or  at  least  the  wishes  of  a  majority  of  them. 
Settlement  of  all  the  questions  of  boundary  in  the  manner  of 
the  Congress  of  Vienna  would  doubtless  result  in  strife  and 
turmoil  for  an  indefinite  period.  Adjustments  must  accord 
with  the  wishes  of  the  people  concerned  in  order  to  promote 
permanent  good  relations.  There  is  also  need  of  greatly  in- 
creased freedom  of  commercial  intercourse  between  the  small 
states  of  continental  Europe,  and  of  organizations  calculated 
to  stimulate  friendly  relations  among  the  people  of  all  of  them. 
The  number  of  nations  now  mutually  recognizing  the  sover- 
eign rights  of  each  other  is  a  few  more  than  of  the  states  which 


20  INTERNATIONAL  RELATIONS 

make  up  the  American  Union.  Of  these  nations  all  on  the 
Western  Hemisphere  are  republics.  In  Europe  the  downfall 
of  the  Roman  Empire  was  followed  by  a  relapse  into  more 
primitive  organizations,  followed  by  the  feudal  system  and 
local  despotisms  based  on  military  support  of  the  ruler  in  re- 
turn for  protection  in  the  possession  of  land.  This  statement 
of  the  general  situation  does  not  apply  to  every  part,  for  there 
were  parts  of  Europe  where  the  feudal  system  never  obtained. 
With  the  exception  of  these  parts  all  Europe  fell  under  the 
domination  of  kings  who  claimed  to  rule  by  right  divine  and 
without  accountability  to  any  earthly  authority.  The  Roman 
Church  added  the  weight  of  its  teachings  and  influence  to  the 
pretensions  of  most  of  these  rulers,  and  caused  the  overthrow 
of  many  who  denied  its  authority. 

Beginning  with  the  French  Revolution  there  has  been  a  drift 
toward  popular  government,  either  in  the  form  of  a  republic 
or  a  constitutional  monarchy,  with  the  real  power  in  a  repre- 
sentative body  executing  its  will  through  a  responsible  minis- 
try accountable  to  it.  This  drift  has  been  greatly  accelerated 
by  the  recent  war,  which  has  resulted  in  the  overthrow  of  the 
imperial  governments  of  Russia,  Germany  and  Austria,  and 
the  abdication  of  minor  kings  and  potentates.  In  Asia  the 
great  paternal  despotism  of  China  has  been  converted  into  a 
republic;  Japan,  the  most  exclusive  of  monarchies,  has  become 
a  constitutional  monarchy,  a  very  great  commercial  and  in- 
dustrial nation,  and  the  most  progressive  of  all  the  nations, 
while  the  typical  oriental  despotism  of  Persia,  which  persisted 
through  so  many  centuries,  has  become  a  constitutional  mon- 
archy. All  the  vast  multitudes  of  India,  with  their  diverse  re- 
ligions, customs  and  degrees  of  culture,  are  ruled  by  Great 
Britain.  The  great  African  continent  is  wanting  in  any  strong 
native  government.  Egypt,  though  one  of  the  pioneers  in 
civilization  so  far  as  history  advises  us,  is  now  under  the 
guardianship  of  Great  Britain.  Ethiopia  is  still  in  about  the 
same  stage  of  development  as  in  the  days  of  Soloman.  Mo- 
rocco is  under  the  joint  guardianship  of  European  powers, 
though  its  sovereignty  is  still  recognized  in  form.  Little  Li- 
beria, a  republic  on  the  western  coast  of  Africa,  maintains  a 


SOVEREIGN  STATES  21 

national  existence,  and  is  perhaps  as  nearly  an  independent 
power  as  any  state  on  the  continent.  The  general  situation  is 
that  a  larger  share  of  the  habitable  globe  is  included  in  the 
territory  of  firmly  organized  governments  than  of  the  present 
continental  possessions  of  the  United  States  was  included  in 
the  thirteen  colonies  at  the  time  of  the  Revolution.  Thirty-five 
new  states,  averaging  much  larger  territorially  than  the  origi- 
nal thirteen,  have  been  admitted  into  the  Union  from  territory 
then  peopled  by  the  scattered  Indian  tribes.  New  independent 
nations  will  doubtless  soon  emerge  from  the  wild  regions  of 
Asia  and  Africa  and  claim  admission  into  the  society  of  na- 
tions. Though  there  is  much  diversity  in  forms  and  theories 
of  government  and  law,  the  drift  toward  a  uniform  type  is 
very  marked  and  very  rapid. 

Every  nation  has  its  mouthpiece  through  which  it  speaks  to 
other  nations  and  its  ear  through  which  it  hears  from  them. 
The  capitals  of  all  the  great  nations  are  connected  with  each 
other  by  telegraph  so  that  communications  may  be  passed  be- 
tween them  instantaneously.  When  the  American  Union  was 
formed  it  took  weeks  to  send  a  message  and  get  an  answer 
from  Boston  to  Savannah  either  by  the  slow  uncertain  sailing 
vessels  or  by  the  yet  slower  land  conveyances.  Intercommuni- 
cation between  the  most  remote  capitals  is  now  far  more  ex- 
peditious, reliable  and  satisfactory  than  between  the  capitals 
of  the  colonies  in  1776. 

Thus  far  the  world  has  struggled  on  developing  govern- 
ments over  the  people  of  portions  of  the  earth  varying  in  ex- 
tent, each  claiming  ultimate  and  absolute  sovereignty  within 
its  own  dominions  and  waging  war  at  will  against  its  neighbors 
on  any  pretext  and  for  any  purpose  that  it  chose.  No  superior 
authority  has  existed  with  power  to  settle  disputes,  prevent 
aggression  or  redress  wrongs  committed  by  one  nation  or  its 
people  on  another  or  its  people. 

Within  each  nation  there  is  a  governmental  organization 
clothed  with  power  to  preserve  order,  restrain  aggression,  pun- 
ish wrongdoers,  and  promote  the  general  welfare.  While  there 
is  very  great  diversity  in  the  degrees  of  efficiency  of  these 
governments,  in  theories  of  political  power,  and  in  the  details 


22  INTERNATIONAL  RELATIONS 

of  the  governmental  structure,  all  undertake  to  protect  their 
citizens  in  their  persons  and  property  against  violence  and 
wrong  from  others.  All  forbid  private  warfare  and  punish 
those  who  wage  it.  In  the  exercise  of  its  legislative  function 
the  government  enacts  laws,  levies  taxes,  directs  the  expendi- 
ture of  the  public  moneys  and  makes  provision  for  the  execu- 
tion of  its  will.  Its  judiciary  interprets  the  laws  and  applies 
them  to  cases  as  they  arise.  The  executive  carries  the  gov- 
ernmental will  into  effect,  employing  such  organized  force  as 
may  be  necessary  to  overcome  any  resistance  that  may  be  of- 
fered. In  despotic  countries  the  executive  acts  without  re- 
straint and  may  not  be  called  to  account  for  his  misdeeds.  In 
free  states  all  executive  officers  are  accountable  for  their  vio- 
lations of  the  laws,  whether  committed  with  or  without  claim 
of  authority.  In  autocratic  countries  subordinate  officers  are 
accountable  solely  to  the  autocrat.  In  democratic  countries  all 
officers,  high  and  low,  are  accountable  to  the  people  or  to  such 
tribunals  as  they  have  established  for  their  violations  of  the 
law. 

While  these  differences  in  theory  and  practice  are  of  the  ut- 
most importance  in  the  regulation  of  internal  affairs,  the  claim 
of  entire  freedom  from  all  outside  restraint  has  been  main- 
tained by  all  nations  alike.  Within  each  nation  a  citizen  or 
denizen  must  not  wage  private  warfare,  but  may  apply  to  a 
court  or  other  appropriate  governmental  agency  for  protection 
of  his  person  or  the  enforcement  of  his  rights,  but  nations 
have  had  no  such  alternative  for  the  settlement  of  their  contro- 
versies. The  determining  factor  in  every  controversy  be- 
tween nations  has  therefore  been  might,  not  right.  The  in- 
herent moral  strength  of  manifest  right  may,  and  in  the  great 
war  which  has  just  ended  has,  attracted  strength  to  aid  weak 
nations,  but  superior  might  was  the  final  arbiter.  Its  brutal 
strength  may  oppress  and  destroy  as  well  as  protect. 

The  unprecedented  struggle  which  has  just  ended  has  made 
the  world  painfully  conscious  of  the  need  of  some  efficient  or- 
ganization to  prevent  the  horrors,  brutalities  and  injustices  of 
war,  to  force  nations  as  well  as  private  persons  to  submit  to 
the  rule  of  law  and  to  win  or  lose  their  controversies  according 


SOVEREIGN  STATES  23 

as  they  are  right  or  wrong,  rather  than  because  they  are  strong 
or  weak.  Not  all  wars,  in  fact  but  few  wars,  result  from  the 
denial  of  a  clear  moral  right.  Conflicts  between  nations  arise 
from  a  multiplicity  of  causes,  many  of  which  cannot  be  classed 
as  moral  or  legal  issues.  Of  these  by  far  the  greater  part 
would  appear  altogether  inadequate  if  not  quite  insignificant 
to  a  disinterested  tribunal. 

WANT  OF  BINDING  LAW  AND  SUPERVISING  FORCE  OVER  THE 

NATIONS 

While  international  law  is  not  a  myth  but  has  real  existence 
and  is  enforced  in  the  domestic  tribunals  of  each  of  the  leading 
nations  in  controversies  between  the  parties  before  them,  if 
nations  disagree  no  tribunal  exists  to  which  either  may  apply 
for  the  determination  and  enforcement  of  its  rights.  If  na- 
tions disagree  as  to  the  true  meaning  and  intent  of  the  treaties 
they  have  made,  no  court  has  authority  to  settle  their  differ- 
ences. The  judgments  of  arbitrators  to  which  they  may  sub- 
mit their  controversies  are  wholly  dependent  on  the  good  faith 
of  the  parties  to  comply  with  them. 

No  nation  has  power  to  legislate  for  the  high  seas  except 
for  its  own  people.  The  navigable  waters  covering  about 
three-fourths  of  the  surface  of  the  earth  are  common  prop- 
erty of  all  nations  in  the  government  of  which  all  have  rights 
and  interests,  yet  no  power  exists  that  is  authorized  to  make 
laws  governing  their  common  use. 

The  nations  may  and  do  make  treaties  and  conventions  but 
these  bind  only  such  as  consent  and  voluntarily  submit  to  them 
and  only  so  long  as  they  see  fit  to  keep  faith. 

Among  the  advantages  which  may  reasonably  be  expected  to 
accrue  from  civil  government  of  the  world  and  the  enactment 
and  enforcement  of  binding  international  law  may  be  men- 
tioned : 

The  preservation  of  peace. 

Relief  during  peace  from  the  burdens  of  preparations  for 
war. 

More  efficient  laws  for  the  seas. 

Laws  regulating  the  international  use  of  electrical  force. 


24  INTERNATIONAL  RELATIONS 

Laws  governing-  the  navigation  of  the  air. 

Higher  conceptions  of  justice. 

Greatly  increased  commercial  and  industrial  activity. 

Cooperation  of  nations  in  vast  undertakings  for  the  com- 
mon good. 

Freedom  of  travel  and  association. 

Increasing  respect  and  good  will  resulting  from  better  ac- 
quaintance. 

Humane  assistance  to  unorganized  and  undeveloped  peoples. 

Utilization  of  the  waste  places  of  the  world. 

General  advancement  in  moral  standards  and  conceptions. 

All  these  advantages,  so  far  as  they  relate  to  interior  con- 
ditions, have  accrued  to  the  people  of  the  United  States  as  the 
result  of  their  union  under  one  efficient  government  for  gen- 
eral concerns,  leaving  local  affairs  to  the  states.  While  it  may 
be  too  much  to  expect  these  results  in  equal  measure  from  any 
possible  league  or  union  of  the  nations,  it  seems  at  least  a 
well  grounded  hope  that  a  league,  union  or  confederation  of 
all  nations  whose  governments  are  based  on  the  theory  of  ac- 
countability of  all  officials  to  the  people  or  their  representa- 
tives, would  produce  results  corresponding  in  main  with  those 
enjoyed  by  the  people  of  the  United  States  and  resulting  from 
their  union  of  states.  At  the  time  the  American  Union  was 
formed  the  colonies  were  thirteen  separate  sovereignties.  By 
the  adoption  of  the  Constitution  they  ceded  such  attributes  of 
sovereignty  as  were  essential  to  their  common  safety  to  the 
general  government  and  retained  all  others.  Among  the  at- 
tributes so  ceded  was  that  of  sovereign  power  to  make  war. 
No  combination  of  the  nations  can  be  effectual  for  the  needs 
of  the  world  unless  they,  like  the  American  States,  cede  to  the 
general  union  of  nations  their  sovereign  right  to  make  war 
and  to  do  those  things  for  the  general  good  which  the  nations 
cannot  do  separately.  It  is  equally  important  that  they  reserve 
to  themselves  the  sole  right  to  regulate  their  internal  concerns. 
It  would  appear  better  to  confer  too  little  than  too  much  power 
on  the  union  or  league  but  it  must  have  enough  to  prevent 
war  and  all  preparation  for  war.  Europe  is  the  part  of  the 
earth  which  has  been  most  afflicted  by  destructive  wars  in  re- 


SOVEREIGN  STATES  25 

cent  times.  People  from  all  parts  of  it  in  great  numbers  have 
migrated  to  America  and  become  citizens  of  this  country. 
Most  of  them  have  been  very  readily  assimilated  in  the  body 
politic,  and  no  serious  disorders  have  resulted  from  the  mix- 
ture of  all  nationalities.  In  the  generation  born  in  this  coun- 
try and  educated  in  the  public  schools  all  children  of  parents 
coming  from  northern  Europe  appear  as  Americans,  usually 
with  little  or  nothing  to  indicate  the  nationality  of  their  par- 
ents. The  Latin  races  are  assimilated  more  slowly,  but  with- 
out serious  difficulty.  Africans  and  Asiatics  are  also  here,  the 
former  in  great  numbers,  yet  notwithstanding  their  differ- 
ences from  the  European  stock,  their  relations  to  the  whites 
become  quite  readily  adjusted  and  all  live  together  in  peace. 
Freedom  of  movement  and  of  industrial  and  economic  adjust- 
ment and  a  general  disposition  to  treat  every  one  according  to 
his  personal  capacity  and  worth  and  to  apply  the  law  impar- 
tially to  all  are  the  most  potent  influences  which  combine  in 
producing  the  happy  situation.  The  fundamental  difficulty  in 
preserving  the  good  relations  of  the  people  of  Europe  to  each 
other  arises  from  their  segregation  into  small  nations,  speak- 
ing different  languages,  and  under  governments  in  the  hands 
of  ambitious  rulers  who  seek  personal  and  national  aggrandize- 
ment at  the  expense  of  neighboring  people.  Political  barriers 
there  prevent  the  freedom  of  personal  and  commercial  move- 
ments that  binds  the  different  states  of  the  American  Union 
together  so  closely.  Permanent  peace  is  dependent  on  general 
confidence  of  the  nations  and  of  individuals  in  their  ability  to 
obtain  substantial  justice  by  peaceable  methods.  No  condi- 
tion of  society  has  ever  existed,  and  perhaps  none  ever  will 
exist,  under  which  all  people  are  entirely  satisfied  of  the  jus- 
tice of  the  laws  and  of  the  distribution  of  the  burdens  and  re- 
wards of  public  and  private  enterprises  and  activities.  But  if 
all  can  come  to  have  confidence  in  the  agencies  through  which 
the  people  collectively  may  themselves  right  their  wrongs,  they 
may  patiently  bear  what  they  regard  as  injustices  until  there  is 
a  chance  to  correct  them.  If  the  supervising  force  is  one 
created  by  the  people  themselves  for  the  purpose  of  enforcing 
justice  among  them,  and  one  which  they  may  change  when  they 


26  INTERNATIONAL  RELATIONS 

find  it  necessary  to  do  so,  in  an  orderly  and  peaceable  manner 
prescribed  by  law,  there  is  no  need  of  war  or  mob  violence. 
There  is  no  theoretical  difficulty  in  framing  a  constitution  for 
all  the  nations  of  the  world  under  which  all  ultimate  power 
will  be  retained  by  the  people.  The  practical  difficulty,  how- 
ever, of  creating  agencies  adequate  to  preserve  the  peace  and 
promote  the  general  welfare,  yet  with  powers  so  limited  and 
counterbalanced  that  they  cannot  become  instrumentalities  of 
oppression,  is  quite  obvious.  The  farther  public  agencies  are 
removed  from  the  people  whom  they  are  designed  to  serve, 
the  more  the  need  of  strict  limitation  of  their  powers,  and  of 
publicity  in  all  their  official  acts.  The  needed  publicity  would 
hardly  have  been  possible  a  hundred  years  ago.  It  is  entirely 
practicable  now.  The  telegraph  and  the  printing  press,  work- 
ing together,  place  before  the  reading  public  at  night  all  mat- 
ters of  great  interest  that  have  occurred  during  the  day.  When 
there  is  an  overwhelming  public  sentiment  on  any  question  it 
finds  immediate  expression  in  all  the  leading  countries  through 
the  press  and  public  meetings. 

The  need  of  clearly  expressed  laws,  binding  on  all  the  na- 
tions, becomes  more  and  more  apparent  as  commercial  and  so- 
cial intercourse  increases.  The  people  of  the  manufacturing 
and  commercial  states  of  Europe  are  dependent  on  the  agri- 
cultural countries  for  both  their  food  and  raw  material  for 
their  industries.  In  the  great  war  which  has  just  ended  abil- 
ity to  obtain  supplies  from  America  was  regarded  as  the  de- 
termining factor  in  the  contest.  The  present  economic  adjust- 
ments cannot  continue  without  general  conditions  of  peace. 
Warfare  renders  it  necessary  for  each  country  to  be  either 
self-supporting  or  allied  with  an  accessible  neighbor  from 
whom  the  deficiencies  of  home  products  can  be  supplied.  The 
United  States  is  perhaps  best  able  to  supply  all  the  wants  of 
its  people  from  its  own  products  of  all  the  countries  in  the 
world,  yet  the  scale  of  living  demanded  by  all  classes  from 
common  laborers  to  multi-millionaires  calls  for  coffee,  tea, 
spices,  drugs,  sugar,  rubber,  silk,  tropical  fruit  and  manufac- 
tured articles  of  many  kinds  and  minor  articles  too  numerous 
to  mention.  To  live  as  we  are  accustomed  to  live  and  as  we 


SOVEREIGN  STATES  27 

wish  to  continue  to  live  we  must  have  access  to  many  distant 
markets.  To  enable  us  to  buy  all  these  things  we  must  have 
markets  for  our  surplus  products.  This  market  we  find  in 
Europe.  The  manufacturing  nations  there  must  have  our  cot- 
ton, grain  and  meat  products  as  their  business  is  now  adjusted. 
The  value  of  the  merchandise  passing  to  and  from  the  several 
grand  divisions  of  the  world  in  normal  times  and  without  in- 
flated valuations  is  fairly  indicated  by  the  trade  statistics  of 
the  United  States  for  the  year  1911  which  are  summarized  as 
follows : 

Imports  from  Exports  to 

Europe  $768,167,760.  $1,308,275,778. 

South   America  182,623,750.  108,894,894. 

Asia  213,449,730.  85,422,428. 

Oceania  30,274452.  66,060,813. 

Africa  27,213,620.  23,607,107. 

North  America  305,496,793-  457>O59,I79- 

From  this  showing  it  appears  that  in  ordinary  times  a  little 
more6  than  fifty  per  cent,  of  all  the  imports  of  the  United 
States  come  from  Europe,  on  which  we  are  not  necessarily  de- 
pendent for  any  product  of  the  earth.  We  are,  however,  strict- 
ly dependent  on  Europe  for  a  market  for  our  surplus  products, 
of  which  it  bought  nearly  sixty-four  per  cent.  Trade  with 
South  America,  which  bears  much  the  same  relation  to  Europe 
that  we  do,  is  of  relatively  small  importance.  We  get  much 
of  our  coffee  from  Brazil,  and  rubber,  cinchona  and  many 
other  products  from  other  parts  of  the  continent.  Exports  to 
South  America  are  mostly  of  manufactured  articles.  It  would 
be  exceedingly  unpleasant  to  be  deprived  of  our  trade  with  the 
people  of  that  continent,  but  the  main  lines  of  both  travel  and 
commerce  are  east  and  west  instead  of  north  and  south.  Trade 
with  our  immediate  neighbors  in  North  America  exceeds  in 
volume  that  with  any  other  continent  except  Europe. 

Considering  ties  of  blood  between  our  citizens  and  those  of 
Europe  and  commercial  relations  it  is  apparent  that  we  are 
more  deeply  and  directly  interested  in  the  maintenance  of 
peace  there  than  anywhere  else  in  the  world.  All  the  states  on 
the  American  continents  have  the  same  theory  of  government. 

0  Statistical  Abstract,  1911,  pp.  722,  723. 


28  INTERNATIONAL  RELATIONS 

They  have  each  had  hard  struggles  to  establish  their  institu- 
tions on  a  firm  and  durable  basis,  but  now  have  little  occasion 
for  turmoil  within  or  conflict  without  their  dominions.  The 
mother  countries,  however,  are  not  so  happily  situated,  and  it 
seems  necessary  for  the  now  mature  children  on  this  side  of 
the  water  to  take  a  friendly  interest  in  the  affairs  of  their  cous- 
ins there.  The  relationship  of  the  people  of  Europe  and 
America  is  not  a  mere  theoretical  or  ideal  relation,  but  an 
actual,  easily  traceable  blood  connection.  The  general  situa- 
tion at  the  close  of  the  war  is  that  the  people  of  all  eastern 
Europe  and  Germany  and  what  was  Austria-Hungary  are  now 
in  the  turmoil  which  has  always  followed  the  overthrow  of 
despotic  military  governments,  while  those  of  the  western 
part,  which  had  democratic  institutions  before  the  war,  are 
able  to  maintain  internal  order.  No  great  military  nation  now 
remains  to  oppose  its  will  to  the  organization  of  the  entire 
world  on  a  basis  of  popular  government  at  home  and  justice 
and  equality  of  right  among  all  the  states  great  and  small. 
Disarmament  can  go  forward  in  all  countries  as  fast  as  the 
great  League  of  Nations  is  able  to  inspire  a  sense  of  security 
and  confidence  in  the  just  purposes  of  those  who  are  entrusted 
with  the  solution  of  international  problems. 

The  formulation  of  rules  of  international  law  designed  for 
universal  observance  is  not  a  matter  of  great  difficulty.  There 
is  no  danger  that  a  body  representing  all  the  nations  would  by 
even  a  bare  majority  vote  enact  any  general  law  that  would  be 
fundamentally  unjust.  It  might  do  so  if  a  large  number  of 
the  great  nations  were  still  ruled  by  military  leaders,  but  rep- 
resentatives of  the  people  cannot  truly  represent  the  wishes  of 
their  constituents  unless  they  seek  the  just  and  true  rule.  But 
if  the  world  can  have  a  permanent  organization  with  a  general 
legislative  body,  made  up  of  representatives  holding  for  short 
terms,  and  having  power  to  correct  its  own  errors,  bad  laws 
would  soon  disappear  and  their  evil  consequences  be  little  felt. 
Unwise  legislation  may  always  be  expected  in  popular  govern- 
ments, but  evil  influences  when  detected  and  exposed  soon  pass 
away  and  their  works  with  them. 

The  approaches  toward  international  legislation  which  have 


SOVEREIGN  STATES  29 

been  made  by  the  conferences  at  which  the  great  conventions 
hereinafter  considered  were  formulated  exhibit  a  most  encour- 
aging tendency  for  representatives  of  many  nations  to  apply 
both  sound  moral  principles  and  practical  wisdom  in  their 
work.  The  quality  of  this  work  is  not  open  to  criticism.  It 
fails  however  of  universality  of  application  and  lacks  instru- 
mentalities for  its  enforcement,  even  as  between  the  parties  to 
it.  The  Universal  Postal  Union  is  now  a  complete  world-wide 
organization  of  all  the  nations  for  the  transmission  of  the 
mails.  Its  methods  of  legislation  are  adapted  to  its  peculiar 
needs.  It  connects  the  postal  administration  of  each  country 
with  that  of  every  other  country,  and  international  business  is 
carried  on  through  the  cooperation  of  the  postal  organizations 
of  all  the  countries.  The  conventions  for  the  regulation  of 
navigation  on  the  high  seas  and  to  prevent  the  spread  of  in- 
fectious diseases  cover  fields  requiring  regulation  by  positive 
laws  of  universal  application.  For  efficiency  they  require  the 
aids  of  judicial  and  executive  force.  They  apply  to  people, 
ships,  and  merchandise  of  all  nations,  and  the  authority  of  the 
courts  and  officers  charged  with  the  enforcement  of  them  needs 
to  extend  over  all  alike. 

COMPOSITION  OF  THE  NATION 

As  the  government  of  a  nation  speaks  for  its  people  as  in- 
dividuals, as  well  as  for  all  of  them  collectively,  in  all  dealings 
with  other  states,  the  relations  of  the  state  to  the  people  within 
its  boundaries  are  of  great  importance  in  considering  the  sub- 
ject of  international  relations.  Within  each  of  the  great  mod- 
ern nations  there  are  cities  far  greater  and  more  populous  than 
any  of  the  Greek  city  states  ever  were,  yet  these  are  mere 
creatures  of  the  sovereign  power  of  the  nation  of  which  they 
are  a  part,  possessing  such  corporate  powers  as  the  state  has 
conferred  upon  them.  In  the  United  States  they  do  not  even 
derive  their  powers  from  the  general  government,  but  from 
the  state  in  which  they  are  located.  While  the  states  are  sov- 
ereign in  all  matters  over  which  no  power  is  conferred  on  the 
general  government  by  the  Constitution,  the  power  to  deal 
with  foreign  nations  is  expressly  conferred  on  the  President 


30  INTERNATIONAL  RELATIONS 

and  Congress.  Similarly  the  British  Government  speaks  for 
all  its  colonies  and  dependencies,  though  it  now  generally  al- 
lows them  to  take  part  in  making  treaties  in  which  their 
especial  interests  are  involved.  The  doctrine  of  personality 
and  single  responsibility  is  applied  alike  to  the  little  republic 
of  San  Marino,  so  small  that  it  can  hardly  be  located  on  the 
map,  the  vast  widely  scattered  dominions  of  the  British  Em- 
pire, and  all  the  other  nations  whatever  their  size  or  the  com- 
plexity or  simplicity  of  their  institutions. 

With  the  increase  of  travel,  commerce  and  intercourse 
among  the  people  of  different  nations  many  questions  arise  as 
to  the  status  of  persons  while  away  from  their  native  homes. 
International  law  concedes  to  each  nation  the  right  to  classify 
its  people  as  it  sees  fit,  and  to  determine  the  relation  of  each 
class  to  the  government,  but  when  one  who  at  birth  owes  alleg- 
iance to  one  country  removes  to  another,  questions  arise  as  to 
the  authority  of  his  native  country  over  him,  its  duties  and 
obligations  to  protect  him  in  his  person  and  property  and  as  to 
his  rights,  duties  and  obligations  in  the  country  to  which  he 
goes. 

The  general  rule  is  that  place  of  birth  determines  national- 
ity, and  that  all  persons  born  within  the  territorial  boundaries 
of  the  nation  and  within  the  allegiance  of  its  government  are 
citizens  or  subjects  of  it,  bound  to  support  and  maintain  it, 
subject  to  its  laws,  and  entitled  to  its  protection  both  at  home 
and  abroad.7  "All  persons  born  or  naturalized  in  the  United 
States  and  subject  to  the  jurisdiction  thereof  are  citizens  of  the 
United  States  and  of  the  State  wherein  they  reside."8  "Nat- 
ural subjects  are  born  within  the  dominions  of  the  crown  of 
England,  that  is  within  the  legeance  or,  as  it  is  generally  called 
the  allegiance,  of  the  king ;  and  aliens  such  as  are  born  out  of 
it."9  This  is  the  general  doctrine  in  all  countries.10  Every  na- 

7  I  Blackstone  370. 

8  I4th  Amendment  to  Constitution  of  the  United  States. 

9  I  Blackstone  366. 

10  Civil    Code   of   France,   Art.   8.     Const.    Switzerland   Arts.   43-44-45. 
Const.  Japan   Ch.  2.     Tiaco  v.   Forbes,   228  U.   S.   549,  U.   S.   v.  Wong 
Kim  Ark  169  U.  S.  228.    Musgrove  v.  Chun  Teeong  Toy  (1891)  A.  C.  272. 


SOVEREIGN  STATES  31 

tion,  unless  otherwise  bound  by  treaty,  has  the  right  to  forbid 
the  entrance  of  foreigners  within  its  boundaries,  or  to  prescribe 
the  terms  on  which  they  may  be  admitted,  and  to  deport  and 
expel  foreigners  who  have  not  been  naturalized.11  Though 
this  power  exists  and  has  at  times  been  used  by  all  the  nations, 
it  is  not  generally  exercised  in  commercial  nations  in  times  of 
peace,  and  the  sparsely  peopled  countries  of  the  Western 
Hemisphere  have  invited  the  immigration  of  Europeans. 

The  converse  of  this  power,  that  of  preventing  its  citizens 
from  going  abroad,  also  exists,  and  a  nation  may  compel  its 
citizens  or  subjects  to  remain  within  its  territorial  limits,  but 
the  exercise  of  this  power  is  not  in  accord  with  the  principles 
of  free  people.  By  the  common  law  of  England  a  subject 
could  not  throw  off  his  allegiance  to  the  crown  without  the 
consent  of  the  sovereign,12  and  the  monarchies  of  central  Eu- 
rope have  strenuously  asserted  this  doctrine  until  recent  times. 
The  United  States  does  not  deny  its  citizens  the  right  of  ex- 
patriation, but  from  an  early  day  has  steadily  asserted  the  right 
of  a  man  to  choose  his  country  and  his  allegiance.  Section 
1999  of  the  Revised  Statutes  of  the  United  States  provides: — 

"Whereas  the  right  of  expatriation  is  a  natural  and  inherent  right  of 
all  people,  indispensable  to  the  enjoyment  of  the  rights  of  life,  liberty, 
and  the  pursuit  of  happiness;  and  whereas  in  the  recognition  of  this 
principle  this  Government  has  freely  received  emigrants  from  all  nations, 
and  invested  them  with  the  rights  of  citizenship;  and  whereas  it  is  claimed 
that  such  American  citizens,  with  their  descendants,  are  subjects  of  foreign 
states,  owing,  allegiance  to  the  governments  thereof;  and  whereas  it  is 
necessary  to  the  maintenance  of  the  public  peace  that  this  claim  of  for- 
eign allegiance  'should  be  promptly  and  finally  disavowed :  Therefore  any 
declaration,  instruction,  opinion,  order,  or  decision  of  any  office-  of  the 
United  States  which  denies,  restricts,  impairs,  or  questions  the  right  of 
expatriation,  is  declared  inconsistent  with  the  fundamental  principles  of 
the  Republic." 

Aliens  may  become  citizens  of  the  country  in  which  they  are 
domiciled  by  compliance  with  its  laws  relating  to  naturaliza- 
tion in  the  countries  which  have  such  laws  in  force.  Many 
treaties  have  been  entered  into,  especially  between  the  United 

11  Fitch  v.  Weber  6  Hare  51.    Macdonald's  Case  18  How.  St.  Tr.  858. 

12  McKenzie  v.  Hare  239  U.  S.  299.      Alsberry  v.  Hawkins  33  Am.  D.  546.' 


32  INTERNATIONAL  RELATIONS 

States  and  other  countries,  giving  to  the  citizens  of  each  coun- 
try the  right  of  naturalization  in  the  other.  The  United  States 
statute  on  the  subject  provides  that  the  alien  must  declare  on 
oath,  before  the  clerk  of  a  court  authorized  to  naturalize 
aliens,  that  it  is  his  bona  fide  intention  to  become  a  citizen  of 
the  United  States  and  to  renounce  forever  all  allegiance  to 
any  foreign  sovereignty,  two  years  at  least  before  his  admis- 
sion. Not  less  than  two  nor  more  than  seven  years  after  mak- 
ing such  declaration  he  may  file  a  petition  to  be  admitted  to 
citizenship.  He  must  then  prove  to  the  satisfaction  of  the 
court  that  he  has  resided  continuously  in  the  United  States 
five  years  and  in  the  state  where  the  court  is  held  at  least  a 
year,  that  he  has  behaved  as  a  man  of  good  moral  character, 
attached  to  the  principles  of  the  Constitution,  and  on  admis- 
sion must  swear  to  support  the  Constitution  and  renounce  and 
abjure  all  allegiance  to  any  foreign  prince,  potentate,  state  or 
sovereignty  of  which  he  was  before  a  citizen  or  subject,  and  to 
support  and  defend  the  Constitution  and  laws  of  the  United 
States  against  all  enemies.13  Naturalization  of  parents  also 
makes  citizens  of  their  children  who  were  minors  dwelling  in 
the  United  States  at  the  time  of  such  naturalization.  The 
children  of  citizens  of  the  United  States,  born  out  of  the 
United  States  are  also  citizens.14 

Citizenship  is  not  lost  by  mere  absence  from  the  United 
States,  no  matter  how  long  continued,  but  may  be  transferred 
by  naturalization  in  another  country. 

Citizenship  of  the  husband  carries  with  it  citizenship  of  the 
wife  in  the  United  States,  France  and  Great  Britain.15 

Naturalization  is  provided  for  under  general  laws  in  Great 
Britain,  France,  and  many  other  nations.16 

Denizens  are  residents  of  foreign  birth  accorded  privileges 

13  Comp.  Stats,  of  U.  S.  1918,  Title  XXX. 
"  Comp.  Stats,  of  U.  S.  1918,  §  4367. 

15  Ruckgaber  v.  Moore  104  Fed.  947.     Kelly  v.  Owen,  7  Wall.  496  Civil 
Code  of  France,  Art.  12. 

16  Stat.  7  &  8  Viet,  c  66  &  33  &  34  Viet,  c  14.     Civil  Code  of  France, 
Art.  8.     Mexico  requires  a  residence  of  two  years  only.     Wheless  Laws 
of  Mexico,  Arts.  825-826. 


SOVEREIGN  STATES  33 

as  such  but  not  admitted  to  full  citizenship.  In  England  for- 
merly the  king  might  grant  an  alien  the  rights  of  a  denizen  by 
letters  patent17  and  the  states  of  the  American  Union  conferred 
such  rights  before  the  passage  of  the  Federal  Statute  on  the 
subject,18  but  the  whole  subject  is  now  covered  in  both  coun- 
tries by  the  statutes  regulating  naturalization. 

Within  the  territories  of  the  leading  nations  are  to  be  found 
persons  not  falling  within  any  of  the  foregoing  classes.  In  the 
United  States  there  was  formerly  a  large  slave  population, 
which  by  the  amendments  to  the  Constitution  have  become 
free  citizens.  The  native  Indians  were  not  citizens  unless 
specially  admitted  as  such.  For  many  purposes  the  tribes, 
though  living  within  the  boundaries  of  a  state  or  territory,  are 
on  the  footing  of  independent  nations,  and  the  Government  of 
the  United  States  has  made  many  treaties  with  them  with  ref- 
erence to  their  lands,  places  of  abode,  and  personal  privileges. 
The  Indians  until  granted  citizenship  are  also  treated  as  wards 
of  the  Government  and  under  its  especial  care  and  supervision, 
so  that  no  dealings  with  them  by  the  whites  are  allowed  except 
with  the  consent  and  in  accordance  with  the  regulations  of  the 
Government.  The  Commissioner  of  Indian  Affairs  in  the  De- 
partment of  the  Interior  has  the  general  supervision  of  their 
interests,19  and  the  legislation  with  reference  to  them  has  been 
very  voluminous. 

All  the  contiguous  territory  of  the  United  States  is  now  di- 
vided into  States  admitted  into  the  Union  on  equal  footing, 
and  the  citizens  of  each  state  are  entitled  to  all  the  privileges 
and  immunities  of  the  others.20  The  people  of  Hawaii  and 
Alaska  are  also  citizens  of  the  United  States,  but  not  admit- 
ted into  the  Union  as  states.21 

Porto  Rico  and  the  Philippine  Islands  stand  on  a  different 

"  I  Bl.  Com.  373. 

18  Act  1799,  5  Stat.  of  S.  Car.  355.     McClenaghan  v.  McClenaghan  47 
Am.  D.  532. 

19  U.  S.  Comp.  Stats.  1918  §  713  and  Title  XXVIII. 

20  Const,  of  U.  S.  Sec.  2,  Art.  IV. 

21  U.  S.  Comp.  Stats.  §  3530-3647. 


34  INTERNATIONAL  RELATIONS 

basis,  the  people  being  citizens  of  those  possessions  respective- 
ly, but  not  full  United  States  citizens.22 

The  British  Empire  exhibits  very  great  diversity  in  the  re- 
lations of  its  subjects  to  the  Empire.  There  are 

1.  The  self-governing  colonies,  subject  to  a  seldom  used 
veto  on  their  legislation  by  the  British  Government,  each  de- 
termining questions  of  citizenship  for  itself.     Canada,  New- 
foundland, Australia,  New  Zealand  and  South  Africa,  have 
representative  governments,  accountable  to  the  people. 

2.  Those  having  representative  governments  but  subject  to 
the  veto  of  the  home  government  on  their  legislation  and  to 
the  appointment  of  officials  by  the  crown,  including  the  Isle 
of  Man,  Channel  Islands,  Malta,  Cyprus,  Ceylon,  Mauritius, 
Bermudas,  West  Indian  Islands,  and  British  Guiana. 

3.  Crown  colonies  ruled  by  the  home  government.  Gibraltar, 
India,  Aden,  Perim,  Straits  Settlements,  Hong  Kong,  African 
possessions  other  than  South  Africa,  British  Honduras,  New 
Guinea,  Fiji  Islands,  Faulkland  Islands,  and  Egypt,  with  very 
diverse  relations  to  the  native  rulers  and  people. 

Besides  these  there  are  various  districts  over  which  Great 
Britain  assumes  a  protectorate,  without  having  instituted  any 
settled  government,  including  Borneo  and  much  of  Africa. 

Notwithstanding  the  very  wide  separation  of  the  parts  of 
the  Empire,  the  extreme  diversity  in  race  of  the  people,  the 
wide  differences  in  local  conditions,  needs,  and  influences,  the 
British  Government  speaks  for  the  people  of  every  part  of  the 
Empire  in  all  dealings  with  other  nations.  The  attribute  of 
ultimate  sovereignty  rests  alone  in  the  King  and  Parliament, 
in  which  the  people  of  the  British  Isles  alone  have  representa- 
tion. The  great  war  has  shown  the  wonderful  strength  and 
coherence  of  these  scattered  dominions  and  of  the  bonds  so 
loosely  tied. 

France  also  has  its  home  citizenship  and  its  African,  Asiatic, 
and  American  dependencies,  the  people  of  which  are  in  all 
stages  of  social  development,  and  while  accorded  the  protec- 
tion of  subjects  have  not  French  citizenship. 

The  Netherlands  exercises  sovereignty  over  vast  possessions 

22  U.  S.  Comp.  Stats.  §  3754,  §  3809. 


SOVEREIGN  STATES  35 

in  the  East  Indies,  including  Java  with  an  area  and  population 
many  times  greater  than  that  of  the  Netherlands,  the  Moluc- 
cas, and  large  parts  of  Sumatra,  Borneo  and  Celebes,  besides 
smaller  islands.  It  also  has  Dutch  Guiana  and  Curacoa  and 
small  island  possessions  in  the  West  Indies.  In  international 
dealings  it  speaks  for  the  people  of  all  these  possessions. 

Other  European  states  are  accorded  sovereign  rights  over 
distant  possessions  by  the  consensus  of  the  nations. 

In  Asia,  China,  Japan,  and  Persia  have  extensive  dominions, 
mainly  of  contiguous  territory  and  inhabited  by  homogeneous 
people.  The  South  American  nations  all  have  compact  pos- 
sessions with  a  very  large  element  in  their  population  descend- 
ed from  aboriginal  stock. 

The  exercise  of  sovereign  powers  over  such  widely  scattered 
possessions  shows  how  very  far  the  modern  sovereign  state 
differs  from  that  defined  by  Aristotle.  The  nation  is  not  con- 
fined to  contiguous  territory,  nor  is  it  restricted  in  its  citizen- 
ship to  one  race  of  people.  All  races  are  included  in  the  citi- 
zenship of  the  United  States,  Africans  constituting  about  one 
tenth  of  the  whole.  The  people  of  European  stock  are  the 
dominant  element  in  substantially  all  the  American  republics, 
British  and  northern  European  in  the  United  States  and  Can- 
ada, and  Spanish  and  Portuguese  in  Mexico,  Central  and  South 
America.  It  is  the  European  nations  that  have  assumed 
guardianship  over  so  many  of  the  islands  and  so  much  of  the 
great  continents  of  Asia  and  Africa. 

While  it  is  a  fundamental  principle  of  international  law  that 
the  sovereignty  of  each  nation  within  its  territorial  limits  is 
absolute  and  exclusive,  the  law  affords  no  guarantee  of  the 
continuance  of  this  sovereignty,  and  each  nation  must  main- 
tain it  as  best  it  can  against  all  forces  within  and  without. 
Conflicting  claims  of  dominion  have  been  most  prolific  causes 
of  war  throughout  all  the  history  of  the  race.  Any  nation,  on 
any  pretext,  or  for  any  purpose,  might  wage  war  to  acquire 
dominion  over  the  territory  of  another  in  whole  or  in  part. 
No  matter  how  slight  the  justification  for  it  might  'be,  nor 
whether  any  justification  was  attempted,  the  status  and  rights 
of  belligerents  were  at  once  accorded  equally  to  the  opposing 


36  INTERNATIONAL  RELATIONS 

• 

nations.  The  leading  purpose  of  the  League  of  Nations  is  to 
require  the  settlement  of  all  international  controversies  by 
pacific  methods,  to  protect  the  weak  against  the  strong,  and 
require  that  right  rather  than  might  shall  prevail  in  the  de- 
termination of  international  questions  relating  to  the  exercise 
of  sovereign  powers. 

ALIENS  AND  ABSENTEES 

Migrations  of  people  from  one  country  to  another  with  a 
view  to  permanent  residence,  foreign  travel  on  business  or  for 
pleasure,  and  temporary  sojourns  of  all  kinds  in  a  foreign 
country  give  rise  to  many  questions  of  both  international  and 
domestic  law.  An  alien  is  one  who  does  not,  either  by  nativity 
or  voluntary  adoption,  owe  allegiance  to  the  government 
within  whose  territory  he  is.23  Though  in  a  foreign  country, 
he  is  still  a  citizen  or  subject  of  his  native  government.  The 
movements  of  people  from  Europe  to  America  during  the  last 
century  have  resulted  in  building  a  composite  nation  in  which 
are  represented  not  only  all  European  races,  but  also  the  Afri- 
can and  Asiatic.  In  the  year  1910  there  were  13,515,886  for- 
eign born  people  in  the  United  States.24  Of  these  the  greatest 
number  2,501,333,  came  from  Germany;  Russia  and  Finland, 
1,732,462,  and  1,352,257  from  Ireland.  While  a  very  large 
majority  of  all  of  them  came  from  Europe  there  were  4,664 
from  India,  67,744  from  Japan  and  56,756  from  China.'5  Most 
of  these  people  came  to  America  with  the  intention  of  becom- 
ing citizens,  and  very  many  of  them  have  been  naturalized  in 
accordance  with  the  laws  of  the  United  States  and  are  now  ac- 
corded all  the  rights  of  citizens.  Others  have  declared  their 
intentions  to  become  citizens  and  are  accorded  in  some  of  the 
states  the  right  to  vote,  while  the  rest  are  still  properly  classed 
as  aliens.  No  other  country  contains  such  an  intermixture  of 
people,  but  the  Central  and  South  American  States  are  also 
open  to  foreign  settlement  and  have  a  large  foreign  element 
in  their  population.  Native  Americans  are  now  to  be  found 

23  2  Cyc  83.    Abbott  Law  Die. 

24  Statistical  Abstract  1917,  p.  56. 

25  Statistical  Abstract  1917,  p.  59  to  64. 


SOVEREIGN  STATES  37 

in  most,  if  not  quite,  every  country  on  earth.  All  these  mi- 
gratory people  are  deeply  interested  in  the  questions  as  to  the 
duties  they  owe  to  the  country  of  their  birth  and  to  that  of 
their  domicil,  and  also  in  the  question  as  to  the  protection  they 
have  a  right  to  demand  from  the  governments  of  both  coun- 
tries. As  we  have  seen,  no  country  is  bound  to  admit  to  its 
citizenship,  or  even  to  temporary  domicil  within  its  territories 
when  under  no  treaty  obligation  to  do  so,  the  people  of  foreign 
countries.  But  when  it  does  admit  them -they  become  subject 
to  its  laws  and  entitled  to  the  protection  of  them.  As  to  the 
security  of  their  persons  aliens  are  entitled  to  the  full  protec- 
tion of  the  municipal  law  of  the  country  in  which  they  are 
domiciled,  and  may  resort  to  its  courts  for  redress  when  their 
rights  are  violated.  An  alien  friend  may  sue  and  be  sued  in 
the  proper  courts  of  the  country  to  the  same  extent  as  a  citi- 
zen.26 This  rule  may  be  safely  stated  very  broadly  as  to  aliens 
whether  domiciled  or  non-resident,  in  the  courts  of  the  United 
States,  and  Great  Britain,  and,  though  it  is  still  within  the 
power  of  a  nation  to  deny  aliens  the  use  of  its  courts,  the  sub- 
stantially universal  custom  is  to  give  the  same  consideration 
to  their  demands  as  is  given  to  those  of  citizens.  Where  the 
courts  of  the  country  refuse  redress  for  injuries,  or  to  enforce 
rights,  the  alien  is  entitled  to  the  protection  of  his  home  gov- 
ernment, provided  he  has  done  nothing  causing  him  to  forfeit 
the  right  to  such  protection.  The  right  to  acquire  and  hold 
personal  property  of  all  kinds  is  now  very  generally  recognized 
in  all  countries.27  This  liberality  has  not  always  obtained  in 
the  countries  of  Europe.  Feudal  lords  were  slow  to  give  up 
the  practice  of  plundering  foreign  merchants  under  a  claim 
termed  droit  d'aubaine,  by  extraordinary  taxation  of  foreign- 
ers and  the  confiscation  of  the  personal  estate  left  by  a  de- 

20  Eng.  Ramkessenseat  v.  Baker,  I  Atk.  51.  Pisani  v.  Lawson,  6  Bing. 
N.  C.  90.  Hepburn  v.  Dunlop,  i  Wheat.  (U.  S.)  179.  Taylor  v.  Carpenter, 
23  Fed.  Cas.  No.  13784.  3  Storey  458.  France,  "An  Alien  shall  enjoy  in 
France  the  same  civil  rights  as  those  granted  to  French  people  by  the 
treaties  of  the  nations  to  which  such  aliens  belong."  Civil  Code  §  1 1. 

27  Hughes  v.  Edwards,  9  Wheat.  (U.  S.)  489.  Eng.  Calvin's  case,  7 
Coke  2.  Fourdrin  v.  Gowdey,  3  Myl.  &  K.  383. 


38  INTERNATIONAL  RELATIONS 

ceased  foreigner  within  their  dominions.28  To  put  an  end  to 
this  practice  special  treaties  were  negotiated  by  the  United 
States  with  Bavaria  in  i846,29  Hesse,  i845,30  Nassau,  i847,31 
Saxony,  i846,32  and  Wurttemberg,  i844.33  The  commercial 
nations  of  Europe  were  necessarily  far  more  liberal  in  their 
treatment  of  foreigners. 

Aliens  also  have  substantially  the  same  right  to  sell  and 
transfer  personal  property  during  life  and  to  transmit  it  by 
will  or  inheritance  that  citizens  have.34  Bequests  to  non-resi- 
dent aliens  of  chattels  are  valid.33 

A  different  rule  prevails  as  to  real  property.  At  common 
law  both  in  England  and  the  United  States  an  alien  cannot 
take  title  to  land  by  inheritance,36  nor  can  title  to  land  pass  by 
inheritance  through  the  medium  of  an  ancestor  who  was  an 
alien.37  If  a  citizen  dies  and  his  next  heir  is  an  alien  who 
cannot  take,  the  inheritance  goes  to  the  next  heir  who  is  compe- 
tent to  take  as  if  no  such  alien  had  ever  existed.38  At  common 
law  an  alien  may  acquire  land  by  voluntary  conveyance  from 
the  owner,  but  he  cannot  hold  it  as  against  the  state.59  No 
one  but  the  state  can  question  the  alien's  title.40  The  whole 
theory  of  ownership  of  a  part  of  the  face  of  the  earth  is  es- 
sentially different  from  that  of  ownership  of  movables.  The 
nation  asserts  and  maintains  sovereignty  over  its  territorial 
possessions  until  overthrown  or  driven  out  of  them,  or  until  it 
transfers  its  sovereignty  to  another,  but  no  matter  how  na- 
tions come  and  go  or  people  multiply  or  die  out,  the  land  re- 

28Grotius  Lib.  II,  cap.  vi,  §  14.    Vattel  II.  8,  §112.    Taylor  $  200. 

29  Senate  Documents,  2d  Session  6ist  Congress,  47-56. 

30  Senate  Documents,  2d  Session  6ist  Congress,  47,  947. 

31  Senate  Documents,  2d  Session  6ist  Congress,  48,  1231. 

32  Senate  Documents,  2d  Session  6ist  Congress,  48,  1610. 

33  Senate  Documents,  2d  Session  6ist  Congress,  48,  1893. 

34  2  Corpus  Juris,  1069. 

35  Craig  v.  Leslie,  3  Wheat.  563. 

36  Blythe  v.  Hinckley  180  U.  S.  333.    Eng.  Doe  v.  Acklam  2  B.  &  C.  779. 

37  Levy  v.  McCortee,  6  Peters,  102. 

38  Corpus  Juris,  2  p.  1059. 

39  Orr  v.  Ogden,  4  Wheat.  543.    Wallace  v.  Adamson,  10  U.  C.  C.  P.  338. 

40  Manuel  v.  Wulff,  152  U.  S.  505. 


SOVEREIGN  STATES  39 

mains  for  whomsoever  is  able  to  maintain  mastery  over  it. 
Private  ownership  is  a  more  immediate  and  definite  dominion, 
but  like  that  of  the  state,  it  may  be  transferred  or  lost,  yet 
the  land  remains,  whatever  the  fate  of  the  owner.  Title  to 
land,. {therefore,  whether  in  the  sense  of  the  political  dominion 
of  the  state  or  private  ownership  by  the  individual,  is  strictly 
a  creature  of  positive  human  law.  As  against  the  outside 
world  the  nation  asserts  and  maintains  its  political  control. 
Within  its  boundaries  it  determines  as  it  pleases  who  may 
acquire  private  dominion  of  its  land,  the  nature  and  duration 
of  such  dominion,  and  all  the  other  questions  relating  to  land 
tenure.  Chattel  property  is  essentially  different.  Its  value 
may  be  a  human  creation  and  readily  destroyed.  It  is  ordi- 
narily movable,  so  that  the  owner  may  take  it  with  him  or 
keep  it  where  he  pleases  on  such  part  of  the  earth  as  he  is  al- 
lowed to  use.  Its  value  may  be  temporary  and  quickly  lost 
by  decay,  or  durable  indefinitely  so  long  as  possession  is  re- 
tained, as  in  the  precious  metals  and  durable  works  of  art. 
There  is  quite  general  uniformity  in  the  views  of  the  people 
of  all  nations  as  to  the  rights  of  possessors  of  personal  prop- 
erty, but  much  diversity  of  laws  and  customs  as  to  its  disposi- 
tion after  the  death  of  the  owner.  Upon  this  subject  the 
most  general  rule  that  can  be  safely  asserted  is  that  the  law 
of  the  sovereignty  in  which  the  chattels  are  at  the  time  of  the 
death  of  the  owner  will  determine  the  disposition  to  be  made 
of  them.41  The  law  of  the  domicil  of  the  owner  is  usually  al- 
lowed to  determine  who  are  the  distributees  and  their  respec- 
tive shares.42  In  the  exercise  of  their  powers  of  taxation  the 
state  of  the  decedent's  domicil  and  that  where  the  goods  are 
at  the  time  of  his  death  may  impose  taxes  on  the  property, 
unless  under  treaty  obligation  not  to  do  so.  In  the  United 
States  the  laws  with  reference  to  the  descent  of  real  property 
and  the  distribution  of  the  personal  estate  are  exclusively  the 
work  of  the  different  states  and  there  is  great  diversity  in  the 
rules  adopted  by  them.  There  is  entire  uniformity,  however, 
in  their  acceptance  of  the  principles  that  the  law  of  the  situs 

41  Hamilton  v.  Dallas,  38  L.  T.  Rep.  N.  S.  215. 

42  14  Cyc.  189. 


40  INTERNATIONAL  RELATIONS 

governs  the  descent  of  land  and  the  law  of  the  owner's  domicil 
the  distribution  of  the  personal  estate. 

The  exclusive  power  to  make  treaties  with  foreign  nations 
is  vested  in  the  President  of  the  United  States  by  and  with 
the  advice  and  consent  of  the  Senate.  Treaties  so  made  be- 
come the  supreme  law  of  the  land  and  cannot  be  defeared  or 
limited  in  their  operation  by  any  act  of  the  legislature  of  a 
state.  If  there  is  a  conflict  between  the  provisions  of  the 
treaty  and  a  state  statute  the  treaty  prevails.43 

Aliens  are  subject  to  the  municipal  law  of  the  country  into 
which  they  go,  and  are  subject  to  prosecution  and  punishment 
by  the  courts  of  the  country  for  crimes  committed  within  their 
jurisdiction.44  An  alien's  right  to  remain  in  the  territory  of 
a  foreign  government  is  wholly  dependent  on  the  will  of  that 
government,  and  may  be  terminated  at  any  time  by  it.1" 

While  warring  nations  formerly  claimed  the  right  and  ex- 
ercised the  power  to  confiscate  the  property  of  aliens  within 
their  possession,  modern  international  law  does  not  recognize 
this  as  a  right.  Alien  property  may  be  seized  and  held  and 
dealings  between  citizens  and  aliens  may  be  suspended  during 
the  war.46  The  right  of  an  alien  to  sue  in  the  courts  of  the 
enemy  country  is  suspended  during  war.47  The  property  seized 
may  be  used  by  the  government  and  the  right  to  compensation 
adjusted  either  with  the  private  owner  or  with  the  government 
of  his  country  when  peace  is  reestablished.  The  belligerent 
has  the  power  to  confiscate  the  property  of  the  enemy  and  of 
its  citizens  in  its  possession,  but  the  Hague  conventions  deny 
the  right  to  confiscate  private  property  and  undoubtedly  ex- 
press modern  sentiment  on  the  subject. 

The  subject  of  the  status  of  aliens  in  the  United  States  was 

43  De  Geofroy  v.  Riggs,  133  U.  S.  258.  Hauenstein  v.  Lynham,  100  U.  S. 
483.  Japanese  Immigration  Cases  189,  U.  S.  86.  In  re  Parrott  6  Saw.  349. 

4*  Barrington  v.  Missouri,  205  U.  S.  483.  In  re  Burbidge  (Eng.),  I  Ch. 
426. 

43  In  re  Wang  Tuck  11  Hawaii  600.  Fok  Young  Yo  v.  U.  S.  185  U.  S. 
296.  Schwartz  v.  Adams,  228  U.  S.  592. 

46  40  Cyc.  320.     Trading  with  the  Enemy  act  Oct.  6,  1917. 

47  Dorr  v.  Gibboney,  7  Fed.  Cases  4006, 


SOVEREIGN  STATES  41 

very  fully  considered  and  discussed  by  the  Supreme  Court  in 
the  case  of  the  United  States  v.  Wong  Kim  Ark.  He  was 
born  at  San  Francisco  of  Chinese  parents  who  were  subjects 
of  the  Emperor  of  China,  but  domiciled  residents  of  San 
Francisco.  He  made  a  temporary  visit  to  China  and  on  his 
return  applied  to  the  collector  of  customs  for  permission  to 
land,  which  was  refused  on  the  ground  that  he  was  not  a  citi- 
zen of  the  United  States.  The  opinion  contains  an  extended 
review  of  the  authorities  bearing  on  the  question  presented  in 
the  case.  Quoted  from  the  opinion  in  the  English  case  of 
Udny  v.  Udny49  is  the  following :  "The  law  of  England,  and 
of  almost  all  civilized  countries,  ascribes  to  each  individual  at 
his  birth  two  distinct  legal  states  or  conditions ;  one,  by  virtue 
of  which  he  becomes  the  subject  of  some  particular  country, 
binding  him  by  the  tie  of  natural  allegiance,  and  which  may  be 
called  his  political  status;  another,  by  virtue  of  which  he  has 
ascribed  to  him  the  character  of  a  citizen  of  some  particular 
country,  and  as  such  is  possessed  of  certain  municipal  rights, 
and  subject  to  certain  obligations,  which  latter  character  is  the 
civil  status  or  condition  of  the  individual,  and  may  be  quite 
different  from  his  political  status,"  and  from  the  language  of 
Lord  Chief  Justice  Cockburn :  "By  the  common  law  of  Eng- 
land, every  person  born  within  the  dominions  of  the  Crown, 
no  matter  whether  of  English  or  of  foreign  parents,  and,  in 
the  latter  case,  whether  the  parents  were  settled  or  merely 
temporarily  sojourning,  in  the  country,  was  an  English  sub- 
ject; save  only  the  children  of  foriegn  ambassadors  (who  were 
excepted  because  their  fathers  carried  their  own  nationality 
with  them)  or  a  child  born  to  a  foreigner  during  the  hostile 
occupation  of  any  part  of  the  territories  of  England.  No 
effect  appears  to  have  been  given  to  descent  as  a  source  of 
nationality."50  It  is  further  said  in  the  opinion :  "But  at  the 
time  of  the  adoption  of  the  Constitution  of  the  United  States 
in  1789,  and  long  before,  it  would  seem  to  have  been  the  rule 
in  Europe  generally,  as  it  certainly  was  in  France,  that,  as 
said  by  Pothier,  'citizens,  true  and  native-born  citizens,  are 

49  Udny  v.  Udny  (1869)  L.  R.  I  H.  L.  Sec.  441. 

50  Cockburn  on  Nationality  7. 


42  INTERNATIONAL  RELATIONS 

those  who  are  born  within  the  extent  of  the  dominion  of 
France,'  and  'mere  birth  within  the  realm  gives  the  rights  of  a 
native-born  citizen,  independently  of  the  origin  of  the  father 
or  mother,  and  of  their  domicil';  and  'children  born  in  a  for- 
eign country,  of  a  French  father  who  had  not  established  his 
domicil  there  nor  given  up  the  intention  of  returning,'  were 
also  deemed  Frenchmen,  as  Laurent  says,  by  'a  favor,  a  sort 
of  fiction'  and  Calvo,  'by  a  sort  of  fiction  of  exterritoriality, 
considered  as  born  in  France,  and  therefore  invested  with 
French  nationality.'51  .  .  . 

"The  foregoing  considerations  and  authorities  irresistibly 
lead  us  to  these  conclusions :  The  Fourteenth  Amendment  af- 
firms the  ancient  and  fundamental  rule  of  citizenship  by  birth 
within  the  territory,  in  the  allegiance  and  under  the  protection 
of  the  country,  including  all  children  here  born  of  resident 
aliens,  with  the  exceptions  or  qualifications  (as  old  as  the 
rule  itself)  of  children  of  foreign  sovereigns  or  their  minis- 
ters, or  born  on  foreign  public  ships,  or  of  enemies  within  and 
during  a  hostile  occupation  of  part  of  our  territory,  and  with 
the  single  additional  exception  of  children  of  members  of  the 
Indian  tribes  owing  direct  allegiance  to  their  several  tribes. 
The  Amendment,  in  clear  words  and  in  manifest  intent,  in- 
cludes the  children  born  within  the  territory  of  the  United 
States,  of  all  other  persons,  of  whatever  race  or  color,  domi- 
ciled within  the  United  States.  His  allegiance  to  the  United 
States  is  direct  and  immediate,  and,  although  but  local  and 
temporary,  continuing  only  so  long  as  he  remains  within  our 
territory,  is  yet,  in  the  words  of  Lord  Coke,  in  Calvin's  Case, 
7  Rep.  6a,  'strong  enough  to  make  a  natural  subject,  for  if  he 
hath  issue  here,  that  issue  is  a  natural  born  subject,'  and  his 
child,  as  said  by  Mr.  Binney  in  his  essay  before  quoted,  'if 
born  in  the  country,  is  as  much  a  citizen  as  the  natural-born 
child  of  a  citizen,  and  by  operation  of  the  same  principle.'  .  .  . 

"Chinese  persons,  born  out  of  the  United  States,  remaining 
subjects  of  the  Emperor  of  China,  and  not  having  become 
citizens  of  the  United  States,  are  entitled  to  the  protection  of 
and  owe  allegiance  to  the  United  States,  so  long  as  they  are 

51  Pothier  Traite  des  Personnes,  pt.  i,  tit.  2,  sect,  i,  nos.  43,  45. 


SOVEREIGN  STATES  43 

permitted  by  the  United  States  to  reside  here;  and  are  'sub- 
ject to  the  jurisdiction  thereof,'  in  the  same  sense  as  all  other 
aliens  residing  in  the  United  States.  .  .  . 

"Upon  the  facts  agreed  in  this  case,  the  American  citizen- 
ship which  Wong  Kim  Ark  acquired  by  birth  within  the 
United  States  has  not  been  lost  or  taken  away  by  anything 
happening  since  his  birth."3 

From  this  opinion  and  the  authorities  cited  in  it  it  appears 
that  the  alien  owes  a  double  allegiance,  to  the  country  of  his 
birth  and  that  of  his  domicil,  and  that  he  is  entitled  to  the  pro- 
tection of  both  until  he  renounces  one  or  the  other.  His  al- 
legiance to  his  native  country  is  of  a  political  character.  He 
is  not  personally  subject  to  its  jurisdiction  and  will  not  be  de- 
livered up  by  the  country  of  his  domicil  on  the  demand  of 
that  of  his  birth  except  for  an  extraditable  offense  committed 
in  that  country.  Political  offenses  do  not  afford  grounds  for 
extradition.53  If  his  sovereign  calls  the  alien  home  for  mili- 
tary duty,  he  is  legally  bound  to  go,  but  will  not  be  forced  to 
do  so  by  the  country  of  his  adoption.  He  may  renounce  his 
allegiance  if  he  sees  fit  to  do  so,  but  whatever  property  he  has 
in  the  country  of  his  birth  is  subject  to  its  laws,  and  if  he  re- 
turns to  it  he  subjects  himself  to  its  jurisdiction  for  any  dis- 
obedience of  its  laws  while  in  foreign  countries. 

Nowhere  else  are  the  principles  above  declared  of  so  much 
importance  as  in  the  United  States,  the  citizenship  of  which 
is  so  largely  made  up  of  alien  born  people  and  their  descend- 
ants born  in  this  country.  Though  in  the  early  years  of  the 
republic  there  was  some  controversy  with  European  powers 
over  questions  of  expatriation  and  naturalization,  it  now  has 
satisfactory  treaties  with  most  of  the  nations  removing  the 
grounds  of  controversy.  The  exclusion  of  Asiatic  laborers 
has  caused  complaints  from  China  and  Japan,  but  amicable 
adjustments  of  the  limitations  of  their  rights  to  migrate  to 
this  country  have  thus  far  been  accomplished  by  treaties.  Race 
prejudices  and  antipathies  are  hard  to  overcome.  There  is 

52  United  States  v.  Wong  Kim  Ark,  169  U.  S.  649. 

53  Stat.  33  and  34  Viet.  c.  52,  §  3.     In  re  Munier  2  Q.  B.  415.     In  re 
Ezeta,  62  Fed.  972. 


44  INTERNATIONAL  RELATIONS 

little  of  these  left  in  the  United  States  as  to  the  Europeans, 
of  the  blood  of  all  nations  of  whom  we  now  have  so  many 
citizens,  but  with  the  Asiatics  there  is  as  yet  very  little  inter- 
mixture. With  rapidly  increasing  acquaintance  friendly  feel- 
ing grows,  but  it  is  hardly  to  be  expected  that  Orientals  will 
be  soon  regarded  with  the  same  feeling  as  the  Europeans  with 
whom  we  are  allied  by  blood. 


CHAPTER  II 
INTERNATIONAL  LAW 

DAWN  OF  INTERNATIONAL  LAW 

Out  of  the  feudal  system  of  the  middle  ages,  as  a  natural 
outgrowth,  came  kingdoms,  personified  in  their  sovereigns,  to 
whom  all  subjects  owed  fealty  as  the  source  of  title  to  all  the 
land  in  the  state.  The  saying  of  Louis  XIV  "I  am  the  state" 
fairly  expressed  the  prevailing  theory  of  national  responsi- 
bility. In  all  dealings  with  other  powers,  whether  in  peace  or 
in  war,  the  king  spoke  for  his  country.  The  discovery  of 
America  and  of  the  ocean  route  to  the  far  east  excited  rivalry 
among  the  maritime  countries  for  distant  trade  and  possess- 
ions. Governments  became  more  firmly  established,  popula- 
tion increased,  and  ships  multiplied  on  the  seas.  Nations  had 
more  frequent  intercourse  with  each  other,  and  rules  govern- 
ing such  intercourse  came  to  be  regarded  as  necessary.  The 
rudiments  of  a  common  law  of  nations  were  generally  accepted 
by  the  leading  states,  though  not  uniformly  observed.  The 
only  sanction  of  the  law  was  such  as  was  imposed  by  the 
ruler  on  his  own  subjects.  The  Popes  sometimes  used  their 
influence  and  spiritual  weapons  to  mitigate  the  barbarities  of 
war,  but  were  too  often  more  concerned  with  the  interests  of 
the  church  than  in  restraining  the  savagery  of  war. 

The  first  comprehensive  work  on  international  law  was  that 
of  Hugo  de  Groot,  better  known  by  the  Latinized  name  of 
Grotius,  entitled  De  Jure  Belli  et  Pacis,  published  in  1625.  It 
is  a  most  scholarly  work  and  shows  great  familiarity  with 
Greek  and  Roman  history  and  the  reasoning  of  their  states- 
men and  philosophers.  While  the  great  purpose  actuating  his 
effort  was  the  advancement  of  moral  standards,  he  dealt  with 
an  existing,  not  an  ideal,  world,  and  based  his  statements  con- 
cerning the  laws  on  the  rules  actually  observed.  Like  the 
Roman  scholars  he  sought  for  the  Lex  naturae  as  a  moral 


46  INTERNATIONAL  RELATIONS 

basis  for  human  law.  He  says — "That  there  is  such  a  thing 
as  natural  law  is  commonly  proved  both  a  priori  and  a  pos- 
teriori; the  former  the  more  subtle,  the  latter  the  more  popu- 
lar proof.  It  is  proved  a  priori  by  shewing  the  agreement  or 
disagreement  of  anything  with  the  rational  and  social  nature 
of  man.  It  is  proved  a  posteriori  by  certain  or  very  probable 
accounts  we  find  of  anything  accepted  as  natural  law  among 
all  nations,  or  at  least  the  more  civilized.  For  a  universal  ef- 
fect requires  a  universal  cause;  now  such  a  universal  belief 
can  hardly  have  any  cause  except  the  common  sense  of  man- 
kind."1 

In  the  slow  and  spasmodic  evolution  of  law  it  is  not  surpris- 
ing that  international  law  should  be  a  later  development  than 
the  civil  law  of  states.  It  is  so  of  necessity,  for  the  idea  of 
the  collective  personality  of  the  nation  must  be  well  developed 
and  recognized  before  moral  and  legal  accountability  as  such 
can  be  attributed  to  it. 

The  extreme  doctrine  of  individual  liberty  has  been  applied 
to  nations  and  those  who  have  exercised  sovereign  authority 
in  them,  in  quite  as  full  measure  as  individual  liberty  is  as- 
serted in  the  savage  tribes  which  acknowledge  no  law  or 
authority.  The  doctrine  that  the  king  can  do  no  wrong, 
though  not  maintained  as  sound  ethics,  has  prevailed  because 
there  was  no  adequate  force  within  or  without  the  state  to 
judge,  restrain  or  punish  him.  Not  only  philosophers  but  all 
normal  people  recognize  the  applicability  of  the  moral  law  to 
the  relation  of  states  to  each  other  with  the  same  force  as  it 
applies  to  the  relations  of  natural  persons.  The  difficulty  has 
been,  and  still  is,  to  agree  on  methods  of  ascertaining  the  gen- 
eral consensus  of  opinion  as  to  the  principles  of  the  natural 
law,  the  moral  law,  and  to  establish  instruments  to  apply  and 
enforce  them.  There  is  the  same  need  of  restraints  over  the 
conduct  of  nations  as  over  that  of  natural  persons.  They  are 
actuated  by  similar  passions  and  motives  of  interest  and  ad- 
vantage. Perhaps  the  ultimate  goal  to  be  reached  is  a  con- 
dition in  which  national  personality  will  disappear,  and  all 
men  be  guided  by  accepted  principles  of  human  relations,  but 
i  De  Jure,  Book  i,  Ch.  i,  XII. 


INTERNATIONAL  LAW  47 

this  age  must  deal  with  its  own  problems  and  conditions  in 
practical  ways,  leaving  those  which  a  higher  and  better  civili- 
zation will  present  to  be  dealt  with  by  posterity. 

Grotius  discusses  domestic  relations,  inheritance,  wills,  the 
acquisition,  possession  and  transfer  of  property,  real  and  per- 
sonal, and  many  other  topics  of  the  law  as  generally  adminis- 
tered, and  by  particular  nations,  and  bases  many  of  his  state- 
ments of  international  law  on  the  rules  generally  observed  in 
private  as  well  as  public  matters.  He  recognized  the  right 
of  rulers  to  exercise  and  transfer  political  power  as  property, 
without  regard  to  the  wishes  of  their  subjects.  In  this  he 
merely  followed  the  accepted  doctrines  and  practices  of  the 
European  rulers  of  his  time.  He  asserts  the  right  to  levy  war 
for  a  just  cause,  and  undertakes  to  discriminate  between  the 
just  and  unjust  grounds.  The  work  is  so  full  of  quotations, 
discussions,  and  illustrations  from  ancient  and  modern  in- 
stances that  no  brief  summary  can  indicate  the  wealth  of  valu- 
able matter  it  presented  to  his  contemporaries.  The  recep- 
tion given  to  it  by  the  public  was  most  flattering,  and  its  in- 
fluence in  promoting  international  law  has  been  very  great. 

Grotius  was  not  the  first  modern  writer  on  the  subject  of 
international  law.  He  was  preceded  in  Italy  by  Machiavelli, 
some  of  whose  principles  are  generally  regarded  as  abomin- 
able, and  Alberticus  Gentilis,  who  defended  him.  In  Spain 
Francisco  Suarez,  Francisco  de  Victoria  and  Balthazar  Ayala 
published  works  dealing  with  the  subject.  None  of  their  writ- 
ings gained  anything  like  the  prominence  of  that  of  Grotius. 
In  1672  Pufendorf's  De  Jure  Naturae  et  Gentium  was  pub- 
lished and  was  followed  in  1702  by  Bynkershoek's  De  Dominio 
Maris,  and  other  writings  later. 

Vattel's  Droit  des  Gens  published  in  1758  added  much  to  the 
structure  of  international  law,  and  was  accepted  as  a  leading 
authority  on  the  subject.  It,  like  that  of  Grotius,  discusses 
many  of  the  recognized  principles  of  civil  law  and  applies  them 
to  the  relations  of  nations.  Vattel,  however,  maintains  that 
there  is  a  difference  in  the  law  applicable  to  private  persons 
and  to  states.  He  says — "When  therefore,  we  apply  to  na- 
tions the  duties  which  the  law  of  nature  prescribes  to  indi- 


48  INTERNATIONAL  RELATIONS 

vidual  man,  and  the  rights  it  confers  on  him  in  order  to  enable 
him  to  fulfil  his  duties,  since  those  rights  and  those  duties  can 
be  no  other  than  what  are  consistent  with  the  nature  of  their 
subjects,  they  must,  in  their  application,  necessarily  undergo 
a  change  suitable  to  the  new  subjects  to  which  they  are  ap- 
plied. Thus,  we  see  that  the  law  of  nations  does  not,  in  every 
particular,  remain  the  same  as  the  law  of  nature,  regulating 
the  actions  of  individuals."2 

Since  the  time  of  Grotius  many  writers  have  published 
works  on  international  law,3  and  its  principles  are  recognized 
and  enforced  between  private  litigants  by  the  courts  of  all  the 
leading  nations,  though  no  tribunal  has  yet  been  created  with 
power  either  to  secure  uniformity  in  the  rules  applied  or  to 
enforce  the  observance  of  any  of  its  principles  by  the  sover- 
eign nations.  Many  of  its  princples  are  generally  agreed  on 
by  these  authors,  and  have  been  accepted  as  a  part  of  the  civil 
law  of  continental  Europe  and  of  the  common  law  of  Great 
Britain  and  America.  Yet  with  all  the  teachings  of  so  many 
able  men,  the  fundamental  doctrines  of  international  law  still 
leave  a  wide  field  for  conflicting  claims  of  right,  with  neither 
clear  rules  to  determine  them,  nor  any  authority  empowered 
to  make  or  enforce  such  rules.  The  only  supreme  power 

2  Vattel's  Law  of  Nations.    Preface  XI. 

3  In  Great  Britain, — Hobbes,  Austin,  Bentham,  Manning,  Poison,  Wild- 
man,   Hosack,   Phillimore,  Twiss,  Amos,   Creasy,   Hall,   Maine,   Lorimer, 
Levi,  Lawrence,  Walker,  Baker,  Smith  and  Westlake. 

United  States — Kent,  Wheaton,  Woolsey,  Halleck,  Field,  Forbes,  Scott, 
Wharton,  Davis,  Moore,  Bridgman,  Snow  and  Taylor. 

France — Funck-Bretano  and  Sorel,  Pradier-Fodere,  Bonfils,  Despagnet, 
Piederievre,  Gallaudet. 

Germany — Schmalz,  Kluber,  Saalfield,  Heffter,  Oppenheim,  Bluntschli, 
Hartmann,  Holtzendorff,  Bulmerincq,  Gareis,  Ullmann,  von  Liszt. 

Italy — Casanova,  Fiore,  Carnazza-Amari,  del  Bon,  Sandona,  Pertille, 
Pierantoni. 

Japan — Takahoshi. 

Spain — Bello,  de  Pando,  Riquelme,  Alcorta,  de  Olivart,  Acosta,  Cru- 
chaga. 

Miscellaneous — Bornemann,  von  Martens,  Ferguson,  Rivier,  Matzen, 
Nys. 

Argentine  Republic — Calvo. 


INTERNATIONAL  LAW  49 

known  on  earth  is  that  at  the  head  of  the  nation.  There  are 
now  more  than  fifty  such  heads,  and  there  are  at  all  times 
many  controverted  questions  of  right  between  them  for  the 
determination  of  which  there  is  no  recognized  and  generally 
accepted  law.  As  commerce  is  extended  and  inventions  multi- 
ply new  questions  of  right  and  of  expediency  and  utility  arise 
calling  for  authoritative  settlement,  yet  no  such  power  exists. 
Arbitration  is  a  primitive  alternative  for  strife,  and  accomp- 
lishes good  results  in  most  cases  where  the  parties  agree  to 
submit  to  it,  but  it  lacks  the  essential  attributes  of  an  efficient 
judicial  system.  It  starts  with  an  agreement  to  arbitrate  and 
ends  with  voluntary  submission  to  the  award  of  the  arbitra- 
tors. To  be  efficient  a  court  must  be  constituted  in  advance, 
have  power  to  receive  complaints  and  compel  answers  to  them, 
decide  the  controversy  and  enforce  performance  of  its  judg- 
ment. Sovereigns,  especially  those  whose  power  is  based  on 
military  combination,  have  thus  far  refused  to  submit  to  the 
authority  of  any  tribunal  questions  affecting  national  honor  or 
vital  interests.  As  these  are  the  matters  over  which  nations 
go  to  war,  arbitration  treaties  which  exclude  them  amount  to 
no  more  than  a  means  of  disposing  of  minor  controversies, 
leaving  the  major  ones  to  the  arbitrament  of  force. 

The  theory  of  the  government  of  the  United  States  is  that 
every  officer  from  President  to  the  lowest  employee  of  the 
government  is  subject  to  the  law,  and  that  all  governmental 
functions  are  carried  on  by  authority  of  and  in  accordance 
with  law.  The  Constitution  defines  and  distributes  govern- 
mental powers.  It  recognizes  the  existence  of  international 
law  and  gives  the  Congress  power — 

"To  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas  and  offenses  against  the  law  of  nations."4 

The  growth  of  the  law  of  nations  has  been  very  similar  to 
that  of  the  common  law  of  England.  Customs  more  or  less 
general  have  been  accepted  as  binding  rules  of  conduct. 
Among  these  customs  is  one  which  runs  back  to  time  im- 
memorial, that  of  waging  war  at  will  against  any  adversary 
that  the  sovereign  may  select,  and  for  any  cause  or  on  any 

4  Const,  of  U.  S.  Art  i,  Sec.  8. 


SO  INTERNATIONAL  RELATIONS 

pretext.  The  struggle  having  started,  international  law  under- 
takes to  prescribe  rules  regulating  the  conduct  of  it,  much  as 
the  now  discarded  code  of  private  warfare  regulated  duelling. 
The  warring  nations  have  a  fixed  character  as  belligerents, 
and  are  accorded  the  right  to  interfere  with  the  business  of 
their  non-combatant  neighbors  in  many  ways  on  the  ground 
of  military  necessity.  Neutral  nations  must  submit  to  have 
their  commerce  restiicted  in  order  that  the  combatants  may 
carry  on  the  struggle.  The  Hague  Conventions  and  the  Dec- 
laration of  London,  to  which  all  the  leading  nations  taking 
part  in  the  great  war  were  parties,  gave  definiteness  and  bind- 
ing force  so  far  as  international  agreement  can  do  so,  to  the 
laws  regulating  warfare  on  sea  and  land,  yet  it  would  be  diffi- 
cult to  point  out  any  important  provision  in  these  Conventions 
that  has  not  been  violated,  not  only  once  but  many  times  dur- 
ing the  struggle. 

Until  very  recent  times  the  growth  of  governments  and 
governmental  agencies  stopped  at  the  supreme  power  in  the 
nation,  and  such  agencies  as  it  saw  fit  to  establish  in  foreign 
countries  by  permission  of  their  local  governments.  This 
growth  has  usually  centered  around  the  military  combination 
through  which  mastery  at  home  is  maintained  and  the  enforce- 
ment of  rights  or  claims  against  other  states  is  made. 
In  historical  accounts  of  the  rise  of  states  military  organiza- 
tion and  achievement  hold  first  place.  Patriotism  is  a  virtue 
almost  universally  lauded.  It  is  generally  regarded  as  ending 
in  devotion  to  the  interests  of  ones  own  country,  and  many 
appear  to  think  that  its  merit  is  enhanced  by  hatred  of  a  na- 
tion or  race  with  which  the  nation  comes  in  conflict  in  the 
advancement  of  its  apparent  material  interests.  Yet  it  is  not 
difficult  to  perceive  that  in  a  country  like  the  United  States 
patriotism  has  a  far  different  meaning  from  what  it  had  in  a 
little  Greek  city  state.  Here  the  city,  whether  a  little  country 
town  or  the  great  metropolis,  is  of  minor  importance,  and 
never  thought  of  as  the  object  of  patriotic  devotion.  With  the 
increase  of  business  and  social  intercourse  state  boundaries 
have  become  of  minor  importance,  and,  when  we  consider  that 
the  people  of  the  United  States  have  gathered  in  from  all  na- 


INTERNATIONAL  LAW  51 

tions  and  races  on  the  earth,  and  that  some  of  our  fellow  citi- 
zens are  closely  related  to  the  people  of  all  other  nations,  it 
becomes  evident  that  our  concern  for  others  cannot  stop  even 
at  the  boundaries  of  the  nation.  Our  citizens  travel  and  have 
business  dealings  in  every  nation,  and  we  are  therefore  di- 
rectly interested  in  the  peace,  good  order,  and  welfare  of  the 
people  in  all  parts  of  the  earth.  We  have  just  been  drawn 
into  the  greatest  war  of  all  time  because  the  right  of  our  people 
to  cross  the  sea  with  their  goods  was  ruthlessly  invaded  under 
a  claim  of  belligerent  right.  Thus  we  find  that  true  patriotism 
calls  for  more  than  devotion  to  our  own  country,  and  makes 
the  welfare  of  the  whole  world  the  object  of  our  care.  The 
community  of  states,  like  a  community  of  persons,  has  its  com- 
mon interests.  As  it  regards  international  relations,  the  theory 
of  ultimate  and  absolute  sovereignty  in  the  nation  is  palpably 
false,  as  clearly  so  as  the  claim  of  sovereignty  in  each  mem- 
ber of  the  small  community  would  be.  Manifestly  the  right  of 
each  is  restricted  by  the  corresponding  right  of  each  other. 
There  is  the  same  need  of  laws  agreed  upon,  published,  and 
understood  for  the  government  of  nations  in  their  dealings 
with  each  other  that  there  is  for  municipal  law  governing  the 
relations  of  individuals.  How  shall  such  laws  gain  expres- 
sion, how  shall  they  be  given  sanction?  Manifestly  by  the 
general  consensus  of  all  the  peoples,  for  we  know  of  no  higher 
test  of  the  justice  of  laws  than  the  judgment  of  all  the  people 
whom  they  affect. 

Though  many  writers  on  the  subject  of  international  law 
express  their  views  concerning  the  justice  and  injustice  of  the 
rules  they  discuss,  no  writer  asserts  that  all  the  rules  which  he 
regards  as  recognized  law  are  just  or  nearly  so.  His  criti- 
cisms of  the  rules  which  are  regarded  as  law  are  generally  de- 
signed to  induce  the  modification  of  them  or  the  adoption  of 
better  ones.  By  this  process  of  discussing  the  merits  and 
demerits  of  prevailing  doctrines  and  practices  much  has  been 
done  to  educate  the  world  and  induce  rulers  to  advance  their 
standards  of  conduct  to  a  nearer  approximation  to  ethical 
principles.  This  process  of  evolving  law  by  the  reasoning  of 
publicists  is  slow  and  uncertain,  and  is  so  recognized  by  the 


52  INTERNATIONAL  RELATIONS 

writers  themselves.  Grotius  recognized  the  need  of  some 
more  authoritative  expression  of  it.  He  says — "It  would  be 
useful,  and  indeed  it  is  almost  necessary,  that  certain  con- 
gresses of  Christian  Powers  should  be  held,  in  which  contro- 
versies which  arise  among  some  of  them  may  be  decided  by 
others  who  are  not  interested;  and  in  which  measures  may  be 
taken  to  compel  parties  to  accept  peace  on  equitable  terms."3 
The  Congress  he  suggests  it  will  be  observed  is  not  so  much 
for  the  purpose  of  establishing  rules  governing  the  relations 
of  states  as  of  settling  particular  controversies  between  them. 
Vattel  speaks  of  congresses  for  like  purposes.6  Legislation  by 
representative  bodies  was  not  carried  on  to  such  an  extent  in 
their  time  as  of  late.  We  shall  consider  hereafter  in  detail 
the  Conventions  adopted  by  the  representatives  of  many  na- 
tions, which  may  quite  fairly  be  classed  as  pieces  of  interna- 
tion  legislation.  These  will  show  how  rapidly  the  nations  are 
coming  to  recognize  the  fact  that  ultimate  earthly  sovereignty 
lies  outside  the  boundaries  of  any  nation. 

While  as  between  nations  international  law  has  been  with- 
out adequate  sanction  and  mainly  dependent  on  its  inherent 
moral  force  and  the  consensus  of  world  opinion  for  its  ob- 
servance, within  each  of  the  leading  nations  it  has  been  given 
definite  and  binding  form  in  many  particulars  among  its  peo- 
ple by  legislative  enactments  and  the  judicial  decisions  of  its 
courts  which  become  binding  in  the  particular  case  and  pre- 
cedents for  like  cases  at  home  and  abroad.  Cases  involving 
the  same  question  have  been  presented  to  the  courts  of  many 
nations,  and  where  all  concur  in  maintaining  the  same  rule  it 
may  fairly  be  regarded  as  the  settled  law.  Great  numbers  of 
such  cases  have  been  considered  by  the  courts  of  the  leading 
countries,  but  unfortunately  there  is  still  much  diversity  of 
opinion  among  them  on  many  questions,  and  no  tribunal  ex- 
ists that  has  power  to  harmonize  differences  or  correct  errors. 
Each  of  the  great  nations  has  its  court  of  last  resort,  vested 
with  power  to  review  and  reverse  the  rulings  of  lower  courts 
which  are  not  in  accordance  with  its  views  of  the  law.  In  this 

5  Grotius,  De  Jure,  B.  2,  Ch.  23,  §  X,  Art.  4. 

6  Vattel,  278. 


INTERNATIONAL  LAW  53 

manner  the  law  is  made  uniform  within  the  nation,  but  this 
uniformity  cannot  be  enforced  beyond  its  boundaries. 

AMBASSADORS  AND  DIPLOMATIC  AGENTS 

Ambassadors  both  in  peace  and  in  war  were  employed  by 
the  ancients,  but  only  for  special  missions  to  transact  par- 
ticular business  intrusted  to  them.  Ministers  resident  at  the 
court  of  a  foreign  power  are  not  mentioned  in  ancient  history. 
Though  the  Athenians  and  Spartans  put  the  ambassadors  of 
Darius,  who  came  to  demand  earth  and  water  in  token  of  his 
supremacy,  to  death,  the  Spartans  afterward  acknowledged 
that  in  doing  so  they  had  committed  a  heinous  crime.  The 
general  rule  was  that  while  on  their  missions  the  persons  of 
ambassadors  were  inviolable  and  they  were  entitled  to  hos- 
pitable treatment  even  by  enemies.7  When  the  particular  busi- 
ness was  concluded  their  mission  was  ended  and  they  returned 
to  their  home  country. 

The  modern  system  of  ambassadors  resident  at  the  seat  of 
government  of  the  foreign  state  developed  in  the  i6th  and 
1 7th  centuries.  Ambassadors  were  at  first  regarded  with  dis- 
trust by  some  nations  as  being  in  fact  spies,  but  the  practice 
of  sending  and  receiving  them  became  firmly  established  after 
the  peace  of  Westphalia.  Their  legal  status  is  now  quite  defi- 
nitely fixed  by  the  law  of  nations  and  very  generally  respected.8 

The  governmental  agenjcies  through  which  international 
dealings  are  carried  on  are  now  well  defined  and  very  similar 
in  all  nations.  Each  government  has  a  department  of  foreign 
relations  at  the  head  of  which  is  a  minister,  variously  named, 
who  is  a  member  of  the  cabinet.  In  the  United  States  the 
Secretary  of  State  is  at  the  head  of  the  department  of  foreign 
affairs.  In  the  cabinets  of  most  European  states  there  is  a 
member  called  the  Minister  of  Foreign  Affairs.  All  dealings 
with  foreign  nations  are  ordinarily  carried  on  through  the 
department  of  Foregn  Affairs.  The  executive  head  of  each 
nation  appoints  such  diplomatic  officers  to  represent  it  at  the 

7  Herod,  VIII,  136.    Theuc.  Lib.  11-67.  Code  of  Manu,  Ch.  7-63-64. 

8  I  Kent,  15.    Taylor,  Sec.  274. 


54  INTERNATIONAL  RELATIONS 

seats  of  government  of  other  nations  as  it  sees  fit.  The  larger 
nations  all  make  such  appointments  to  each  of  the  other  prin- 
cipal nations.  Some  of  the  smaller  ones  do  not  maintain  a 
general  system  of  foreign  embassies.  Diplomatic  officers  have 
been  given  rank  and  classification  in  the  following  order: 

1.  Ambassadors,  Papal  Legates  or  Nuncios. 

2.  Envoys,  Ministers  and  other  agents  accredited  to  sover- 
eigns. 

3.  Ministers  resident  accredited  to  sovereigns. 

4.  Charges  d'  Affaires  accredited  to  the  minister  of  foreign 
affairs.9    The  distinctions  between  these  classes  relate  to  diplo- 
matic precedence  and  etiquette  rather  than  to  essential  powers 
or   rights   under   international   law.10     The   appointment   of 
diplomatic  officers  is  made  by  the  sovereign  or  executive  head 
of  the  government.     In  the  United  States  it  is  made  by  the 
President,  confirmed  by  the  Senate. 

Ambassadors  and  other  diplomatic  agents  are  absolutely 
free  from  allegiance  to  the  nation  to  which  they  are  accredited, 
and  are  not  subject  to  its  laws  or  the  jurisdiction  of  its  courts. 
Their  persons  are  inviolable.11  These  immunities  are  declared 
by  statute  in  England12  and  the  United  States.13  The  immun- 
ity continues  for  a  reasonable  time  after  his  recall  or  dismis- 
sal.14 The  privileges  and  immunities  of  an  ambassador  extend 
to  his  family  and  the  members  of  his  official  household.15  The 
equipage,  property  and  house  of  the  ambassador  are  entitled 
to  the  same  immunity  as  his  person. 

While  each  nation  is  free  to  appoint  such  persons  as  it  sees 
fit  as  its  representatives  at  a  foreign  capital,  the  government 
to  which  they  are  accredited  is  not  bound  to  receive  them  if 
they  are  personally  obnoxious.  To  decline  to  receive  an  am- 
bassador on  the  ground  that  he  is  persona  non  grata  is  not  re- 

8Wheaton,  Int.  Law,  Sec.  211. 

10  i  Kent,  39.    Wheaton  299. 

11  2  Corpus  Juris  1302. 

12  7  Anne  c.  12. 

13U.  S.  Rev.  Stats.  §?  4062,  4065. 

14  Musurus  Bey  v.  Gadban  i  Q.  B.  533.    Vattel,  500. 

15  U.  S.  v.  Benner,  24  Fed.  Cases  14,568.    Taylor  v.  Best,  14  C.  B.  20. 


INTERNATIONAL  LAW  55 

garded  as  an' affront  to  the  government  appointing  him,  but 
the  exercise  of  a  clearly  established  right.  The  theory  of 
modern  diplomatic  intercourse  is  that  it  is  designed  to  promote 
friendly  relations  and  afford  a  convenient  and  efficient  method 
of  adjusting  all  questions  arising  between  the  governments. 
It  is  therefore  necessary  that  the  representative  of  the  foreign 
government  be  a  person  with  whom  it  is  agreeable  to  deal. 
As  a  result  of  this  custom  there  is  at  the  capital  of  each  of 
the  leading  nations  a  body  of  diplomats  representing  all  the 
other  nations  that  see  fit  to  be  so  represented.  Though  these 
diplomats  are  in  general  commissioned  solely  to  deal  with  the 
government  to  which  they  are  accredited,  they  in  fact  are 
often  empowered  to  deal  with  representatives  of  other  nations 
on  matters  of  general  concern.  Through  informal  conferences 
and  social  intercourse  among  the  members  of  the  diplomatic 
corps  matters  of  general  interest  are  sometimes  brought  to  the 
attention  of  their  governments,  and  they  are  often  appointed 
plenipotentiaries  to  represent  their  government  in  general  con- 
ferences for  the  purpose  of  dealing  with  matters  of  general 
interest  to  a  number  or  all  of  the  nations. 

The  ambassador  represents  his  government  in  all  dealings 
with  the  power  to  which  he  is  accredited  which  are  committed 
to  his  charge.  The  regular  line  of  communication  is  for  his 
home  government  to  send  to  him  all  notes,  messages  and  com- 
munications addressed  to  the  power  to  which  he  is  accredited, 
and  he  then  delivers  them  to  the  foreign  office.  Answers  to 
such  communications  and  messages  to  his  government  may  be 
passed  through  him,  or  through  the  ambassador  resident  at 
the  seat  of  his  government.  When  matters  of  very  great  im- 
portance are  under  consideration  sovereigns  and  prime  minis- 
ters sometimes  confer  directly  with  each  other,  but  such  con- 
ferences are  quite  exceptional  and  the  final  binding  agreement 
is  always  made  through  the  foreign  offices.  For  the  negotia- 
tion of  treaties  and  conventions  special  ministers  plenipoten- 
tiary are  often  appointed.  The  executive  head  of  each  na- 
tion employs  such  agencies  and  follows  such  methods  as  it 
sees  fit  in  dealing  with  other  powers.  Whatever  the  particular 
powers  or  designation  of  these  agencies,  they  are  all  entitled 


56  INTERNATIONAL  RELATIONS 

to  the  privileges  and  immunities  of  ambassadors.  The  rank 
of  each  and  the  extent  of  his  powers  is  determined  by  the 
government  appointing  him.16 

Nations  which  have  only  a  qualified  sovereignty  sometimes 
send  and  receive  diplomatic  representatives,  but  only  those 
states  which  are  recognized  as  enjoying  full  sovereignty  are 
generally  accorded  this  right. 

As  the  ambassador  or  other  minister  does  not  subject  him- 
self to  the  laws  of  the  country  to  which  he  goes,  it  naturally 
follows  that  he  and  all  his  household,  domestic  and  official, 
remain  subject  to  the  laws  of  his  own  country.  This  law  in 
all  civil  matters  the  minister  himself  administers  over  those  at- 
tached to  his  legation.17  If  criminal  offenses  are  committed 
by  them  he  may  send  them  to  their  own  country  for  trial  or 
deliver  them  up  to  the  courts  of  the  State  where  the  offense 
is  committed.  Formerly  ambassadors  sometimes  exercised 
criminal  jurisdiction  over  their  suites,  but  the  modern  usage 
is  otherwise.18  While  the  personal  effects  of  the  minister  are 
exempt  from  the  jurisdiction  of  all  local  officers,  if  he  en- 
gages in  any  business  not  connected  with  his  mission  or  deals 
in  real  or  personal  property  otherwise  than  for  use  in  his 
family  or  office,  he  is,  as  to  all  such  transactions,  subject  to 
the  laws  of  the  country  where  they  take  place,19  but  it  has  been 
held  in  England  that  as  to  such  dealings  the  ambassador  can- 
not be  sued,  but  that  the  remedies  of  a  creditor  are  confined 
to  process  against  the  property  as  to  which  the  exemption  does 
not  apply.20  The  Constitution  of  the  United  States  gives  the 
Supreme  Court  original  jurisdiction  "in  all  cases  affecting 
Ambassadors,  other  public  Ministers  and  Consuls,"21  but  this 
does  not  change  the  law  which  exempts  them  from  the  juris- 
diction of  the  courts  of  the  country  to  which  they  are  accred- 

16  Wheaton,  §  226.    Vattel,  498. 
"Wheaton,  §  214. 
"Wheaton,  §  215. 

19  Wheaton,  §  227. 

20  Magdalena  S.  N.  Co.  v.  Martin,  2  E.  &  E.  94,  105  E.  C.  L.  94.    Vattel 
Book  4,  Ch.  IX  §  113. 

21  Const,  of  U.  S.  Art.  3,  §  2. 


INTERNATIONAL  LAW  57 

ited.  Local  jurisdiction  cannot  be  exercised  so  as  to  interfere 
in  any  way  with  the  minister's  freedom  of  diplomatic  action, 
or  the  property  of  his  legation,  except  regulations  necessary 
for  the  health  and  safety  of  the  community.22  Assaults  and 
other  offenses  committed  against  foreign  ministers  are  punish- 
able by  the  courts  of  the  country  where  the  offenses  are  com- 
mitted.23 

The  diplomatic  officers  who  are  entitled  to  the  privileges 
and  exemptions  of  ambassadors  are  defined  in  the  United 
States  by  statute.  "  'Diplomatic  officer'  shall  be  deemed  to 
include  ambassadors,  envoys  extraordinary,  ministers  plenipo- 
tentiary, ministers  resident,  commissioners,  charges  d'affaires, 
counselors,  agents,  secretaries  of  embassy  and  legation,  and 
secretaries  in  the  Diplomatic  Service  and  none  others.''24 

The  mission  of  a  diplomatic  officer  may  be  terminated  at 
any  time  by  recall  by  his  own  government  or  dismissal  by  the 
government  to  which  he  is  accredited.  His  functions  can  only 
be  exercised  while  peaceful  relations  subsist  between  his  coun- 
try and  that  to  which  he  is  sent.  On  the  breaking  out  of  hos- 
tilities he  is  entitled  to  a  safe  conduct  out  of  the  enemy  coun- 
try and  a  reasonable  time  to  leave  it.23  Diplomatic  intercourse 
has  been  greatly  extended  in  recent  years.  In  1827  Henry 
\\~heaton  was  appointed  charge  d'affaires  at  the  court  of  Den- 
mark, and  from  that  time  till  1835  was  the  American  repre- 
sentative for  all  Germany  and  Austria,  there  being  no  other 
minister  to  either  of  these  countries.26 

Since  Wheaton's  time  the  ntimber  of  diplomatic  officers 
throughout  the  world  has  increased  very  greatly,  and  the  busi- 
ness transacted  through  them  now  includes  a  multiplicity  of 
matters  of  both  public  and  private  concern.  Increased  travel, 
commerce,  and  foreign  investments,  greatly  complicate  in- 
ternational relations,  and  call  for  the  settlement  of  many 

22  Hall  Int.   L.   180,  Glenn  Int.  L.  70.     Gladstone  v.  Musurus  Bey,  32 
L.  J.,  Ch.  155- 

23  U.  S.'v.  Liddle  2  Wash.  (U.  S.)  205.    U.  S.  v.  Benner,  24  Fed.  Cases 
14,568. 

24  U.  S.  Comp.  Stats.  (1918)   ?  3116. 
2r-  Vattel,  Book  4  Ch.  IX  §  125. 

-°  Editor's  Preface  to  Wheaton  8th  Edition  viii. 


58  INTERNATIONAL  RELATIONS 

questions  that  could  not  have  arisen  a  hundred  years  ago.  The 
great  banking  houses  of  the  world  have  their  agencies  in  all 
countries  with  which  their  home  country  has  large  commer- 
cial dealings.  Through  them  investments  and  loans  of  many 
kinds  and  for  many  purposes  are  made.  The  railroads  of  the 
Americas,  Asia  and  Africa  have  been  financed  and  built  in 
great  part  by  European  capitalists.  Telegraph  cables  owned 
by  great  corporations  have  been  stretched  across  the  oceans 
which  are  the  common  property  of  all  the  nations.  Wireless 
telegraphy  now  supplements  communication  through  wires. 
Electrical  force  reaches  not  only  across  the  seas  but  throughout 
every  nook  and  corner  of  the  land,  and  is  a  common  property, 
through  which  all  people  of  the  earth  become  neighbors  within 
speaking  distance  of  each  other.  Its  uses  for  the  promotion 
of  good  fellowship  and  common  interests  are  but  in  their  in- 
fancy, and  their  value  is  incapable  of  measurement.  The 
great  war  has  stimulated  aviation  to  the  point  that  navigation 
of  the  air  is  no  longer  a  dream  but  a  most  important  reality. 
The  winds  blow  across  lands  and  seas,  and  like  the  ocean  the 
air  is  the  common  property  of  all.  National  boundaries  can- 
not contain  it,  and  mere  national  parliaments  cannot  regulate 
its  use.  Under  the  present  organization  of  the  world  into  so 
many  sovereign  nations  all  these  conditions  are  constantly  giv- 
ing rise  to  questions  to  be  settled  by  diplomacy  and,  where  that 
fails,  by  war. 

Through  diplomatic  officers  all  questions  affecting  the  gen- 
eral interests  of  the  nations,  and  the  particular  interests  of 
their  subjects  which  they  cannot  settle  between  themselves, 
must  be  handled  and  adjusted.  If  a  private  citizen  has  a  debt 
owing  to  him  from  or  a  claim  for  damages  for  injuries  sus- 
tained against  a  foreign  government  .or  any  of  its  citizens  or 
subjects  for  which  satisfaction  is  denied  him,  he  may  apply  to 
the  foreign  department  of  his  own  government  for  relief.  It 
is  for  his  government  then  to  determine  whether  or  not  it 
will  take  action.  Many  considerations  other  than  the  merits 
and  justice  of  his  claim  may  influence  the  political  departments 
of  his  government  in  deciding  what  shall  be  done  about  it. 
The  state  of  international  feeling,  the  existence  of  counter 


INTERNATIONAL  LAW  59 

demands  of  a  similar  character,  the  pendency  of  more  impor- 
tant negotiations  which  might  be  affected  by  making  the  claim, 
and  all  the  various  complications  with  which  statecraft  has 
to  deal  must  be  weighed  and  considered.  In  a  circular  ad- 
dressed to  the  representatives  of  Great  Britain  in  foreign 
countries  in  1848  Lord  Palmerston  said,  speaking  of  claims 
on  bonds  and  securities  of  foreign  states :  "It  is  for  the  British 
Government  a  question  of  discretion,  and  by  no  means  a  ques- 
tion of  international  right,  whether  they  should  or  should  not 
make  this  matter  the  subject  of  diplomatic  negotiation."27 
Torts  committed  by  foreign  governments  or  their  nationals 
are  regarded  as  entitled  to  more  consideration,  because  of  the 
obligation  of  the  government  to  protect  its  citizens  in  their 
persons  and  property  against  all  foreign  powers.28  This  in- 
deed has  always  been  regarded  as  one  of  the  fundamental  pur- 
poses of  organized  government  and  akin  to  that  of  protecting 
its  own  subjects  against  the  aggressions  of  each  other. 

The  manner  of  calling  on  the  government  of  the  United 
States  to  assert  a  claim  against  another  nation  is  pointed  out 
in  a  circular  issued  by  the  Department  of  State  March  6, 
1901. 29  A  claim  of  an  individual  against  a  foreign  govern- 
ment so  presented  becomes  the  property  of  the  government 
of  the  aggrieved  citizen,  which  it  has  the  absolute  right 
to  relinquish  or  settle  as  it  deems  best,  and  after  adjustment 
between  the  governments  the  citizen  has  no  further  claim 
against  the  foreign  government,  but  only  against  that  of  his 
own  country.30  Where  the  United  States  releases  a  just  claim 
against  a  foreign  country  it  is  liable  to  the  citizen  for  the  loss 
of  his  claim.31  No  court  however  has  power  to  enforce  pay- 
ment of  any  claim  by  the  United  States. 

Where  the  claim  is  such  that  it  may  be  asserted  by  the  claim- 
ant in  the  courts  of  the  foreign  state  and  legal  redress  ob- 

27  Hall  Int.  Law,  294,  295. 

28  22  Cyc.  1734. 

29  22  Cyc.  1741,  note  50. 

no  Meade's  Case  2  Ct.  Cl.  224. 

31  Ware  v.  Hylton,  3  Dallas  (U.  S.)  109,  245,  Gray  v.  U.  S.  21  Ct.  Cl. 
340,  390. 


60  INTERNATIONAL  RELATIONS 

tained,  the  government  ordinarily  will  not  interfere  in  behalf 
of  the  claimant.32 

Diplomatic  settlements  may  be  effected  directly  by  agree- 
ment arrived  at  between  the  representatives  of  the  govern- 
ments, or  indirectly  by  the  submission  of  the  matters  in  con- 
troversy to  arbitration.  Great  numbers  of  claims,  public  and 
private,  have  been  settled  in  this  manner.33  As  commercial 
and  social  intercourse  between  nations  increases  the  volume 
of  such  claims  grows  and  is  sure  to  continue  to  grow  at  an 
increasing  rate. 

So  long  as  peaceful  relations  subsist  between  two  rations, 
the  business  of  the  foreign  offices  goes  on  through  the  regular 
diplomatic  channels,  but  war  terminates  them,  and  the  minis- 
ters must  promptly  return  to  their  own  countries  with  all  their 
records  and  belongings.  Such  communications  as  pass  be- 
tween the  warring  nations  are  sent  through  the  diplomatic 
representative  of  some  neutral  power  to  whom  the  belligerent 
intrusts  the  care  of  its  interests.  During  the  great  war  many 
communications  have  in  fact  passed  directly  from  one  power 
to  the  other  by  wireless  telegraph,  but  these  are  not  deemed 
official.  All  formal  dealings  have  passed  through  regular 
channels  of  communication. 

The  judicial  power  of  diplomatic  officers  is  usually  limited 
to  their  official  and  domestic  families,  but  more  extended 
jurisdiction  is  sometimes  given  them.  The  United  States  has 
vested  its  ministers  and  consuls  appointed  to  reside  in  China. 
Japan,  Siam,  Egypt  and  Madagascar  with  authority  to  ar- 
raign and  try  citizens  of  the  United  States  charged  with  of- 
fenses against  law,  committed  in  such  countries,  and  to  pass 
sentence  on  the  offenders,  and  also  authority  to  execute  the 
provisions  of  the  treaties  with  those  countries  in  regard  to 
civil  rights  and  jurisdiction  in  matters  of  contract  at  the  port 
nearest  to  whch  the  contract  was  made.  This  jurisdiction  em- 
braces all  controversies  between  citizens  of  the  United  States 
and  of  such  others  as  are  provided  for  in  the  treaties,  and  is 

32  7  Moore  Dig.  Int.  L.  987  et  seq. 

33  For  an  extended  summary  of  International  Arbitrations  see  Moore's 
History  of  International  Arbitrations,  Vols.  i,  2  and  Appendix  3,  Vol.  5. 


INTERNATIONAL  LAW  61 

to  be  exercised  in  all  cases  in  accordance  with  the  laws  of  the 
United  States.  Consuls  and  commercial  agents  in  countries 
not  inhabited  by  civilized  people  are  given  like  power  in  civil 
cases  involving  $1,000  or  less,  and  criminal  jurisdiction  of 
crimes  committed  by  citizens  of  the  United  States.34 

CONSULS 

Consuls  are  not  diplomatic  officers,  but  are  sometimes  called 
on  and  temporarily  appointed  to  perform  diplomatic  service 
in  the  absence  of  all  the  members  of  a  legation.  The  duties 
performed  by  the  consuls  and  vice-consuls  in  different  coun- 
tries are  not  uniform,  but  dependent  on  treaties  and  the  laws 
of  the  country  appointing  them.  All  the  consuls  of  the  United 
States  are  commercial  agents  and  as  such  required  to  make 
reports  to  the  Secretary  of  State  of  the  exports  from  and  im- 
ports to  the  places  to  which  they  are  accredited,  the  market 
prices  of  the  various  articles  of  commerce  and  the  wages  paid 
for  labor  within  their  jurisdictions.  Where  the  laws  of  the 
country  permit,  it  is  their  duty  to  take  charge  of  and  conserve 
the  estates  of  citizens  of  the  United  States,  other  than  seamen 
belonging  to  any  vessel,  who  die  within  their  consulates  leav- 
ing no  personal  representative,  partner  or  trustee  appointed 
by  him  to  take  care  of  his  effects.35  They  are  also  charged 
with  the  duty  to  investigate  the  complaints  of  seamen  and  pro- 
tect them  in  case  of  discharge  in  a  foreign  port,  and  to  pro- 
vide passage  home  for  destitute  seamen.36  By  statutes  and 
treaties  judicial  powers  are  conferred  on  many  of  them,  espe- 
cially in  poorly  organized  countries.  Consular  treaties  in  great 
numbers  have  been  entered  into  by  the  various  governments. 
Consular  officers  of  the  United  States  are  authorized  to  solemn- 
ize marriages  and  certify  them  to  the  Department  of  State.37 
All  consular  officers  are  authorized  to  administer  oaths,  take 
and  certify  depositions,  and  perform  any  act  that  a  notary 
public  is  authorized  to  perform  within  the  United  States. 

3*  Revised  Statutes  of  United  States  §  §  4084,  4085,  4086,  4087,  4088. 

35  Compiled  Statutes  of  United  States   (1918)   §  3162. 

36  Compiled  Statutes  of  U.  S.  (1918)   ?§  8368  to  8374. 

37  Compiled  Statutes  of  the  U.  S.  (1918)  §  3211. 


62  INTERNATIONAL  RELATIONS 

TREATIES 

The  peaceful  relations  and  intercourse  between  nations  and 
their  respective  citizens  goes  on  in  accordance  with  established 
customs  and  general  principles  recognized  as  international  law, 
supplemented  by  such  treaties  as  they  mutually  agree  upon.  A 
treaty  is  a  formal  agreement  entered  into  by  two  or  more 
sovereignties,  binding  on  the  nations  as  political  entities  and 
on  their  citizens  and  subjects  individually  and  collectively.  It 
is  based  on  the  idea  of  the  unity  and  personality  of  the  state, 
and  its  capacity  to  contract  for  all  its  people.  Treaties  are  in 
no  sense  a  modern  invention.  They  are  mentioned  by  the  most 
ancient  of  historians.  War  may  end  by  the  extermination  of 
one  of  the  parties  to  it,  as  often  happens  among  savage  tribes, 
by  the  subjugation  of  one  of  the  parties  to  terms  dictated  by 
the  conqueror,  or  by  a  treaty  between  the  parties  fixing  the 
terms  on  which  peaceful  relations  are  to  be  resumed.  In  mod- 
ern times  most  wars  between  civilized  states  end  in  a  treaty 
of  peace.  The  treaty  becomes  a  contract  between  the  parties, 
ending  the  controversy  and  containing  provisions  to  be  ob- 
served as  rules  of  right  and  conduct  by  and  between  the  na-« 
tions  and  their  people.  These  rules  do  not  bind  any  nation 
not  a  party  to  it,  or  become  a  part  of  general  international  law. 

Without  attempting  anything  like  a  comprehensive  review 
of  ancient  treaties  a  few  conspicuous  ones  may  be  mentioned. 
Solomon  and  Hiram,  king  of  Tyre,  entered  into  a  treaty  un- 
der which  Solomon  was  given  cedar  and  fir  trees  for  the 
temple  he  was  about  to  build,  in  exchange  for  wheat  and 
oil  for  Hiram's  household.  Pursuant  to  this  treaty  Solomon 
sent  his  men  to  Lebanon  and  cut  and  removed  the  timber  he 
needed  and  Hiram's  builders  and  Solomon's  builders  worked 
together  on  the  timbers  and  stones  of  the  temple,  "and  there 
was  peace  between  Hiram  and  Solomon;  and  they  two  made 
a  league  together."38  When  Cambyses  of  Persia  applied  to 
the  Phoenicians  for  ships  for  an  expedition  against  Carthage, 
they  answered  that  they  were  bound  by  a  treaty  of  amity  and 
ties  of  blood  to  Carthage,  and  therefore  refused  his  request.39 

38 1  Kings,  Ch.  V. 
39  Herod,  b.  iii  19. 


INTERNATIONAL  LAW  63 

Montesquieu  says  "The  noblest  treaty  of  peace  ever  mentioned 
in  history  is,  in  my  opinion,  that  which  Gelon  made  with  the 
Carthaginians.  He  insisted  on  their  abolishing-  the  custom  of 
sacrificing  their  children."40  The  Sicilians  under  Gelon  had 
just  destroyed  the  great  army  and  fleet  sent  against  them  by 
the  Carthaginians,  and  the  only  condition  of  peace  imposed 
was  the  abolition  of  an  inhuman  custom. 

A  treaty  was  entered  into  between  the  Romans  and  the  Jews 
in  the  time  of  Judas  Maccabaeus,  161  B.C.,  providing  for 
mutual  aid  in  case  of  war.41  It  seems  that  the  early  Roman 
consuls  were  without  power  to  conclude  a  binding  treaty,  for 
when  the  two  consuls  commanding  the  Roman  army  were 
taken  prisoners  by  the  Samnite  leader,  Caius  Pontius,  and 
made  a  treaty  with  their  captor,  the  treaty  was  rejected  at 
Rome  and  the  consuls,  who  had  been  released  on  the  faith  of 
the  treaty,  were  returned  to  the  Samnites,  accompanied  by  the 
Fetiales  who  refused  to  sanction  the  treaty,  but  Pontius  again 
released  them.42  About  508  B.C.  the  Romans  and  Carthagin- 
ians concluded  an  important  commercial  treaty  by  which  the 
Romans  were  prohibited  from  sailing  beyond  Fair  promon- 
tory, near  Carthage,  and  fixing  the  dues  to  be  paid  at  the  port 
of  Carthage.43  Prior  to  the  invasion  of  Greece  by  Xerxes  he 
entered  into  a  treaty  with  the  Carthaginians  by  which  the  lat- 
ter agreed  to*  invade  Sicily  at  the  same  time  that  he  invaded 
Greece.44  From  the  earliest  times  until  the  Roman  conquests 
covered  most  of  the  known  world,  treaty-making  was  carried 
on  by  the  Greeks,  Persians  and  their  neighbors,  but  each  party 
to  a  treaty  had  to  rely  on  the  good  faith  of  the  other  for  its 
observance.  No  method  of  enforcement  of  treaty  obligations 
other  than  by  war  waged  by  the  aggrieved  party  and  such  allies 
as  he  could  get  was  devised. 

As  gunpowder  put  an  end  to  the  military  system  of  feudal 
times,  and  kings  came  to  rely  on  paid  mercenaries  and  stand- 

40  Spirit  of  Laws,  b.  x,  ch.  5. 
41 1  Maccabees,  c.  8. 

42  Liv.  lib  ix. 

43  Polyb.  I,  iii,  247. 

44  Diod.  I  xi,  p.  1-16-21. 


64  INTERNATIONAL  RELATIONS 

ing  armies  instead  of  the  knightly  services  of  their  retainers, 
the  power  of  kings  increased.  The  theory  of  rulership  by 
right  Divine,  inculcated  by  the  Roman  Church  in  its  own  and 
their  interest,  emancipated  the  princes  from  all  accountability 
to  the  people  over  whom  they  ruled.  Kingdoms  were  regarded 
as  property  of  the  sovereigns,  to  be  acquired  and  disposed  of 
as  the  king  saw  fit.  Treaties  were  mostly  agreements  between 
crowned  heads  for  the  advancement  of  their  personal  and 
political  interests.  Matrimonial  alliances,  which  had  played 
such  an  important  part  throughout  feudal  times,  were  still  a 
very  important  consideration  in  many  treaties  between  king- 
doms. Treaties  remained  secret  unless  the  monarchs  who 
were  parties  to  them  deemed  it  to  their  interest  to  make  them 
public.  This  most  pernicious  practice  of  making  secret  treaties 
has  persisted  to  the  present  time,  and  seems  to  be  in  some 
degree  responsible  for  the  awful  war  which  has  just  termi- 
nated. 

With  the  growth  of  commerce  and  the  increase  of  inter- 
course between  nations  treaty-making  has  been  greatly  stimu- 
lated, and  commercial  interests  have  prompted  a  very  large 
part  of  the  treaties,  especially  between  the  new  and  the  old 
world.  In  Europe  territorial  aggrandizement  and  military  and 
naval  supremacy  have  still  occupied  the  attention  of  diplomats, 
and  as  a  result  of  wars  and  diplomacy  the  political  map  of 
Europe  has  been  changed  many  times  and  in  most  important 
particulars  within  the  memory  of  the  writer.  Treaties  be- 
tween pairs  of  nations  have  been  made  in  very  great  numbers 
in  recent  years.  Great  Britain  has  been  the  most  active  of  all 
the  nations  in  its  diplomacy,  and  its  treaties  fill  many  large 
volumes. 

From  the  earliest  times  to  the  present  day  all  treaties  be- 
tween nations  have  been  negotiated  and  formulated  by  their 
diplomatic  agents.  These  are  ordinarily  appointed  by  the  ex- 
ecutive head  of  the  nation.  Treaties  thus  negotiated  usually 
require  ratification,  and  there  is  much  diversity  now  in  the  laws 
of  the  different  countries  as  to  the  requirements  with  refer- 
ence to  ratification.  These  agents  are  usually  denominated 
plenipotentiaries,  and  are  furnished  with  letters  defining  their 


INTERNATIONAL  LAW  65 

full  powers,  to  be  exhibited  and  copies  of  which  are  furnished 
by  and  to  each  other.45  These  letters  show  the  scope  of  the 
minister's  power.  He  is  ordinarily  furnished  with  instruc- 
tions which  he  is  not  required  and  it  would  usually  be  injudi- 
cious to  communicate  to  the  other  party. 

Where  the  people  of  the  two  nations  speak  different  lan- 
guages, duplicates  are  usually  drawn,  one  in  each  language. 
Both  are  deemed  original  and  entitled  to  equal  consideration.46 
Conventions  to  which  many  nations  are  parties  are  usually  in 
a  single  original,  written  in  the  language  agreed  on,  the  French 
being  the  favorite  where  the  parties  speak  many  different  lan- 
guages. If  translations  are  also  made  and  signed,  provision 
is  made  in  the  treaty  itself  for  the  deposit  of  the  original  in 
the  foreign  office  of  a  party  named.  Thus  the  Hague  Conven- 
tions were  deposited  with  the  government  of  the  Netherlands. 

Early  writers  regarded  the  sovereigns  as  bound  by  the  acts 
of  their  plenipotentiaries  in  making  treaties  within  the  scope 
of  their  full  powers,47  but  ratification  by  the  proper  officers  or 
body  in  each  government  having  power  to  do  so  is  now  gen- 
erally understood  to  be  necessary  before  the  treaty  takes  ef- 
fect.48 In  the  distribution  of  the  powers  of  government  in  the 
different  nations  there  is  much  diversity  as  to  the  ratification 
of  treaties. 

The  Constitution  of  the  United  States  in  the  enumeration 
of  the  powers  of  the  President  provides  that — "He  shall  have 
Power,  by  and  with  the  Advice  and  Consent  of  the  Senate,  to 
make  Treaties,  provided  two-thirds  of  the  Senators  present 
concur."49  The  established  practice  is  for  the  President  to 
submit  the  treaties  which  he  has  caused  to  be  negotiated  to 
the  Senate  for  ratification.  The  Senate  then  either  ratifies, 
amends,  or  rejects  the  treaty.  Where  a  treaty  fails  of  ratifi- 
cation when  submitted  to  the  Senate,  the  vote  is  not  neces- 

45  Wheaton  §  §  217-218. 

46  Crandall,  Treaties,  their  Making  and  Enforcement,  §  169. 

47  Pothier  on  Obligations,  Pt.  i,  c.  I,  Art.  V,  §  4,  Grotius  B.  2,  c.  xi,  §  12. 
Vattel  B.  2,  c.  xii,  §  156. 

48  Crandall,  Treaties  &c,  §  155. 

49  Const,  of  U.  S.,  Art.  2,  Sec.  2. 


66  INTERNATIONAL  RELATIONS 

sarily  final  but  may  be  reconsidered  and  further  action  taken.50 
If  the  treaty  is  amended  the  amendment  must  of  course  be 
agreed  to  by  the  other  party  before  it  takes  effect.  After  full 
ratification  by  both  parties  the  President  proclaims  the  treaty 
and  it  then  becomes  the  law  of  the  land.al  As  respects  the 
rights  of  either  government  under  it,  a  treaty  is  considered  as 
concluded  and  binding  from  the  date  of  its  signature,  but  in 
the  United  States  it  only  becomes  the  law  of  the  land  affect- 
ing the  rights  of  individuals  upon  proclamation  by  the  Presi- 
dent.52 While  a  treaty  so  made  ratified  and  proclaimed  is 
regarded  as  binding  on  the  United  States,  it  may  fail  of  exe- 
cution for  want  of  the  necessary  legislation  to  carry  it  into 
effect,  unless  such  legislation  is  obtained  before  the  final  ex- 
change of  ratifications.  Under  the  distribution  of  governmen- 
tal powers  in  the  United  States,  Congress  may  refuse  to  ap- 
propriate money  or  pass  laws  necessitated  by  the  treaty,  or 
state  legislatures  may  fail  to  give  effect  to  its  provisions.  The 
President  and  Senate,  though  clothed  with  full  power  to  make 
the  treaty,  have  no  power  to  compel  Congress  or  the  States  to 
act.53 

In  Great  Britain  the  power  to  make  treaties  is  a  prerogative 
of  the  Crown,  but  in  fact  exercised  by  a  ministry  responsible 
to  Parliament.  This  power  includes  that  of  ratification,  and 
it  is  not  the  practice  to  submit  treaties  to  Parliament  before 
ratification.  Where  legislation  is  necessary  to  carry  the  treaty 
into  effect,  it  is  customary  to  procure  the  legislation  in  advance 
of  the  exchange  of  ratifications.  In  discussing  the  rule  as  to 
ratification  of  British  treaties  in  the  House  of  Lords,  Earl 
Grey  said :  "Ever  since  I  have  been  in  Parliament  I  have  in- 
variably heard  the  rule  of  our  Constitution  and  of  Parliament 
stated  by  the  highest  authorities  to  be  this — that  treaties  were 
never  to  be  laid  before  Parliament  until  they  had  been  rati- 
fied; that  the  responsibility  of  ratifying  or  refusing  ratification 

5<>  Ex.  Journal  IX,  306,  312,  X,  139,   144-     XXIV,   141,  205,  XXX,  358, 

359,  377,  378. 

81  Moore  Int.  L.  Dig.  V,  210. 

52  U.  S.  v.  Arredondo,  6  Peters,  691,  748.     Hower  v.  Foker,  9  Wall.  32. 

53Wheaton  266.     Foster  v.  Neilson,  2  Peters,  314. 


INTERNATIONAL  LAW  67 

rested  with  the  ministers;  that  when  a  treaty  had  been  ratified 
it  was  quite  competent  for  Parliament  to  censure  the  conduct 
of  ministers,  and  that  the  Crown  had  never  been  in  the  habit 
of  abdicating  responsibility  and  presenting  treaties  before  they 
were  signed."5*  Later  Mr.  Asquith,  replying  to  a  question, 
said  that  if  a  treaty  involved  any  alteration  of  statute  law  the 
assent  of  Parliament  was  needed,  and  if  it  required  funds  to 
carry  it  into  effect  it  would  be  proper  to  submit  the  matter  to 
the  House  before  the  treaty  was  ratified.53 

In  France  the  power  to  make  and  ratify  treaties  is  defined 
by  Article  VIII  of  the  Constitutional  law  of  1875  which  pro- 
vides that  the  President  of  the  Republic  negotiates  and  ratifies 
the  treaties.  He  is  to  inform  the  Chambers  in  regard  to  them 
as  soon  as  the  interest  and  safety  of  the  state  permit.  Treaties 
of  peace,  of  commerce,  that  engage  the  finances  of  the  State, 
those  that  relate  to  the  status  of  persons  and  to  the  right  of 
property  of  Frenchmen  abroad  are  not  definitive  until  they  have 
been  voted  by  the  two  Chambers.50  From  this  it  appears  that 
treaties  of  the  excepted  classes  require  full  legislative  sanc- 
tion in  France  before  they  become  operative.  The  legislative 
approval  is  given  in  the  form  of  a  law  authorizing  the  Presi- 
dent to  ratify  the  treaty  and  cause  it  to  be  executed.  This 
action,  like  that  of  the  Senate  of  the  United  States,  regularly 
follows  the  signing  and  precedes  the  ratification  of  the  treaty.57 

The  King  of  Belgium  makes  treaties  but  "Treaties  of  com- 
merce or  imposing  obligations  on  the  Belgians  must  be  ratified 
by  both  houses,"  and  "No  act  of  the  King  shall  have  any  ef- 
fect, if  it  be  not  countersigned  by  a  Minister  who,  by  this  act 
alone,  makes  himself  responsible."5 

For  The  Netherlands  the  king  makes  and  ratifies  treaties 
but,  treaties  that  contain  provision  for  changes  of  the  territory 
of  the  state,  that  impose  on  the  kingdom  pecuniary  obligations, 
or  that  contain  any  other  provision  concerning  rights  estab- 

"•4  Hansard's  Debates,  CCVI,  1106. 

55  197  Parl.  Debates,  1236. 

50  Dodd,  Modern  Constitutions,  I,  292. 

57  Crandall,  Treaties  &c.,  §  130. 

r>s  Const,  of  Belgium,  Art.  64. 


68  INTERNATIONAL  RELATIONS 

lished  by  law  shall  not  be  ratified  by  the  King  until  after  their 
approval  by  the  States-General,  unless  the  power  has  been 
given  the  King  by  law  to  conclude  such  treaty.59 

The  Constitution  of  Italy  contains  similar  provisions.  The 
King  makes  treaties,  but  those  that  involve  financial  obliga- 
tions, or  a  change  of  territory  of  the  state,  do  not  have  effect 
till  they  have  received  the  assent  of  the  Chambers.60  Legisla- 
tive approval  is  given  in  the  form  of  a  law  authorizing  the 
treaty  to  be  carried  into  effect. 

The  King  of  Spain  has  power  to  make  treaties  but  requires 
authorization  by  law :  To  alienate,  cede  or  exchange  any  part 
of  Spanish  territory;  To  incorporate  any  other  territory  into 
Spanish  territory ;  To  admit  foreign  troops  into  the  kingdom ; 
To  ratify  treaties  of  offensive  alliance,  special  treaties  of  com- 
merce, those  that  stipulate  to  give  subsidies  to  any  foreign 
power,  and  all  those  that  may  be  binding  individually  on 
Spaniards.61 

For  Switzerland  treaties  are  negotiated  by  the  Federal  Coun- 
cil and  ratified  by  the  National  Assembly.62  The  Cantons  like 
the  American  States  are  forbidden  to  make  treaties  with  for- 
eign nations. 

The  kings  of  Sweden,  Norway,  Denmark  and  the  Balkan 
States  make  treaties,  the  King  of  Sweden  after  consultation 
with  the  Minister  of  State  and  two  other  members  of  the 
Council  of  State,  but  he  cannot  dispose  of  any  part  of  the 
kingdom.63  A  similar  restriction  is  placed  on  the  power  of 
the  King  of  Denmark  and  also  prohibiting  him  from  entering 
into  any  engagement  for  a  change  of  the  existing  constitu- 
tion.64 In  the  Balkan  States  legislative  assent  is  necessary  in 
certain  cases.  The  Emperor  of  Japan  has  full  power  to  make 
and  ratify  treaties.65 

59Dodd,  Modern  Constitutions,  II-pi. 
60Dodd,  Modern  Constitutions,  II-5. 
61Crandall,  Treaties  &c.  §  146. 

62  Const,  of  Switzerland,  Arts.  8-85-95. 
63Dodd,  Modern  Constitutions,  II-2IQ. 
64  Brit.  &  For.  State  Papers,  58-1235. 

63  Dodd,  Foreign  Constitutions,  11-25. 


INTERNATIONAL  LAW  69 

For  Mexico  and  Cuba  treaties  are  made  by  the  President  but 
must  be  ratified  by  the  Senate.  In  all  the  other  American 
Republics  legislative  ratification  is  required.66 

In  the  manner  pointed  out  by  the  constitutions  of  the  vari- 
ous nations  respectively  treaties  in  very  great  number  have 
been  negotiated  and  ratified  by  the  nations.  A  very  large  ma- 
jority of  these  treaties  are  between  pairs  of  states  and  do  not 
purport  to  affect  other  states.  The  influence  of  these  treaties 
in  promoting  peaceful  relations  and  commercial  intercourse 
has  been  very  great.  The  instances  in  which  nations  refuse  to 
fulfill  their  treaty  obligations  are  rare  and  exceptional.  Like 
contracts  between  private  persons,  they  fix  the  rights  of  the 
parties,  and  afford  their  citizens  rules  of  property  and  of  con- 
duct. Where  all  their  provisions  are  given  the  same  interpre- 
tation by  both  parties  and  faithfully  observed,  the  relations  of 
the  nations  that  are  parties  to  them  in  the  field  covered  by  the 
treaty  are  satisfactorily  adjusted.  But  with  them,  as  with 
private  contracts,  there  are  cases  in  which  the  parties  disagree 
as  to  the  meaning  of  the  treaty,  and  cases  in  which  one  of  the 
parties  refuses  to  abide  by  its  terms.  If  the  parties  to  a  private 
contract  differ  as  to  its  meaning  there  is  in  every  civilized 
state  a  court  with  power  to  decide  between  them  on  the  appli- 
cation of  either  party  and  due  notice  to  the  other.  If  one 
party  refuses  to  perform  his  obligation  the  court  has  power  to 
and  will  compel  him  to  do  so.  When  nations  disagree  as  to 
the  meaning  of  their  contracts  or  refuse  to  abide  by  them 
there  is  no  court  to  resort  to.  The  various  arbitration  treaties 
that  have  been  entered  into,  except  that  of  the  Central  Ameri- 
can Republics  with  each  other,  require  another  treaty,  desig- 
nating the  arbitrators  and  stating  the  question  to  be  submit- 
ted to  their  decision.  Having  made  an  award  the  arbitrators 
have  no  power  to  enforce  performance  of  it.  Arbitration  has 
been  very  useful  in  settling  disputes  between  nations  mutually 
desirous  of  maintaining  friendly  relations.  It  fails  utterly  if 
one  of  the  parties  is  seeking  occasion  for  war.  The  alterna- 
tives presented  to  the  aggrieved  party  in  case  of  the  violation 

co  Crandall,  Treaties  &c.,  §  153. 


70  INTERNATIONAL  RELATIONS 

of  a  treaty  are,  a  new  treaty  or  agreement  to  arbitrate  if  the 
other  party  will  consent,  or  war. 

The  questions  arising  with  reference  to  the  interpretation  of 
treaties  are  clearly  susceptible  of  judicial  determination.  Most 
of  the  rules  used  as  guides  for  determining  the  meaning  of 
private  contracts  are  recognized  in  international  law  as  also 
applicable  to  treaties,  but  there  are  some  slight  exceptions. 
Where  duplicate  originals  in  the  different  languages  of  each  of 
the  parties  are  executed,  both  must  be  construed  together  and 
harmonized  if  possible.  Where  there  was  a  clear  discrepancy 
in  the  texts  of  a  treaty  between  Spain  and  the  United  States,  it 
was  held  that  the  text  in  the  language  of  the  grantor,  Spain, 
must  prevail  over  that  in  the  language  of  the  grantee.07  In 
the  United  States  treaties  become  a  part  of  the  law  of  the  land 
and  are  enforced  as  such  by  the  courts.  If  a  construction  has 
been  given  to  the  treaty  by  both  parties  it  will  be  followed  by 
the  courts,  and  the  courts  of  the  nation  will  ordinarily  follow 
the  construction  placed  upon  it  by  the  political  department  of 
the  government,  though  they  are  not  bound  to  do  so.08  Gen- 
erally the  meaning  of  a  treaty  is  to  be  ascertained  by  the  same 
rules  of  construction  and  course  of  reasoning  as  is  applied  in 
the  interpretation  of  private  contracts.69  Vattel  discusses  the 
interpretation  of  treaties  very  ably  and  at  much  length  and 
lays  down  a  number  of  rules  to  be  observed.70  All  of  them  are 
designed  to  aid  in  arriving  at  the  real  intent  of  the  parties. 

Where  only  two  nations  are  concerned  in  the  matter  of  a 
treaty,  it  is  entirely  competent  to  dispose  of  it  by  agreement 
in  any  manner  they  mutually  see  fit,  but,  as  the  intercourse  of 
nations  is  extended,  a  network  of  varied  interests  arises,  for 
the  adjustment  of  which  an  agreement  of  a  number  or  even  of 
all  the  nations  becomes  necessary.  The  preservation  of  peace 
is  always  a  matter  of  interest  to  all  the  nations  having  inter- 
course with  those  between  whom  a  matter  of  difference  arises. 

07  U.  S.  v.  Arredondo,  6  Peters  (U.  S.)  691-741. 
68  Castro  v.  De  Uriarte,  16  Fed.  93-98.    38  Cyc.  970. 
09  I  Kent,  174,  Grotius  B.  2,  c.  16.1.     Vattel  B.  2,  c.  17,  §  270.     Puf- 
fendorf,  5-12-1.     Foster  v.  Neilson,  2  Peters   (U.  S.)   253. 
70  Vattel  B.  2,  c.  17,  §  311  to  321. 


INTERNATIONAL  LAW  71 

These  considerations  have  led  to  conferences  of  plenipoten- 
tiaries of  a  number  of  nations  at  which  conventions  were 
signed  by  some  or  all  of  them  covering  the  particular  matter 
under  consideration.  These  conferences  have  multiplied  in 
recent  years,  and  many  of  them  have  produced  conventions 
designed  to  be  world  wide  in  their  effect,  and  to  which  all  the 
nations  have  been  invited  to  adhere  and  become  parties.  The 
work  of  these  conferences  foreshadows  a  general  system  of 
formulating  international  law  by  bodies  representing  all  the 
nations. 

Some  idea  of  the  recent  growth  and  decay  of  states  as  well 
as  of  the  progress  of  treaty  making  among  the  nations  may 
be  gained  from  the  treaties  made  by  the  United  States  with 
other  powers  since  the  colonies  gained  their  independence. 
From  1782  to  1799  inclusive  sixteen  treaties  were  concluded 
with  different  nations  as  follows:  Algiers  i,  France  3,  Great 
Britain  6,  The  Netherlands  2,  and  Prussia,  Spain,  Sweden  and 
Tripoli,  one  each.  Since  then  more  than  four  hundred  and 
fifty  separate  treaties  with  different  countries  have  been  con- 
cluded. Of  the  countries  with  which  these  later  treaties  have 
been  made,  twenty  are  republics  in  the  Americas,  which  have 
come  into  being  since  the  beginning  of  the  nineteenth  century. 
Of  the  nations  in  the  eastern  hemisphere  with  which  treaties 
have  been  made  by  the  United  States,  twenty-eight  have  ceased 
to  exist  as  independent  sovereignties,  and  new  sovereignties 
which  did  not  exist  at  the  time  of  our  revolutionary  war  to  the 
number  of  eight  are  included.  Of  the  whole  list  only  eighteen 
which  were  then  independent  nations  still  retain  their  political 
integrity,  and  many  changes  in  the  territorial  possessions  of 
these  have  taken  place.  Among  these  are  included  China, 
Japan,  Siam  and  Persia,  two  of  which  date  back  far  beyond 
the  Christian  era.  Of  the  treaties  above  mentioned  fifty  have 
been  between  the  United  States  and  Great  Britain  and  forty 
with  Mexico.  Many  of  these  treaties  with  the  last  mentioned 
countries  deal  with  questions  of  boundary  and  other  conflict- 
ing claims  of  neighboring  nations.  Most  of  the  other  treaties 
relate  to  trade,  patents,  designs,  copyright,  extradition,  claims, 
arbitration  or  naturalization.  Recently  conventions  covering 


72  INTERNATIONAL  RELATIONS 

most  of  these  subjects  have  been  entered  into  by  considerable 
numbers  of  states  with  uniform  provisions  between  all  of  them 
granting  reciprocal  rights. 

In  the  early  history  of  the  United  States  treaties  with  the 
Indians  were  matters  of  great  public  interest.  The  first  one 
made  after  the  breaking  out  of  the  Revolutionary  War  was 
with  the  Delawares  in  1778.  It  begins  with  a  provision  that 
all  acts  of  hostility  committed  by  either  party  against  the  other 
shall  be  "mutually  forgiven,  and  buried  in  oblivion,  never 
more  to  be  had  in  remembrance."  It  then  recites  the  existence 
of  war  against  the  King  of  England,  and  provides  for  the 
passage  of  the  troops  of  the  United  States  across  the  lands  of 
the  Delawares  and  for  such  supplies  as  they  can  furnish  to  be 
paid  for  by  the  commanding  officers,  "And  the  said  deputies  on 
behalf  of  their  nation,  engage  to  join  the  troops  of  the  United 
States  aforesaid  with  such  a  number  of  their  best  and  most 
expert  warriors  as  they  can  spare,  consistent  with  their  own 
safety,  and  act  in  concert  with  them."  It  then  provides  for 
the  erection  of  a  fort  for  the  security  of  the  old  men,  women 
and  children  of  the  tribe,  and  a  garrison  of  as  many  troops 
as  the  United  States  can  spare,  and  guarantees  the  Delawares 
the  possession  of  all  their  territorial  rights. 

The  next  treaty  made  was  with  the  Six  Nations  in  New 
York.  It  was  a  treaty  of  peace,  and  provided  for  the  giving  of 
six  hostages  to  remain  in  possession  of  the  United  States  "till 
all  the  prisoners,  white  and  black,  which  were  taken  by  the 
Senecas,  Mohawks,  Onondagas,  and  Cayugas,  or  any  of  them, 
in  the  late  war,  from  among  the  people  of  the  United  States, 
shall  be  delivered  up."  This  treaty  was  concluded  in  1784, 
and  by  it  the  western  boundary  of  their  lands  was  defined. 
Since  then  treaties  have  been  concluded  with  more  than  three 
hundred  tribes  and  bands,  ratified  by  the  Senate  and  pro- 
claimed by  the  President.  Many  different  treaties  were  made 
with  some  of  the  tribes ;  with  the  Sioux  thirty ;  the  Chippewas 
forty-three  and  with  the  Pottawatomies  forty-four.  This 
mode  of  dealing  with  the  Indians  was  terminated  by  an  act 
of  Congress  passed  in  1871,  which  prohibited  the  making  of 


INTERNATIONAL  LAW  73 

any  more  treaties  with  Indian  nations  or  tribes.71  While  the 
theories  that  the  tribes  were  sovereignties,  capable  of  making 
treaties,  and  that  they  and  their  members  were  wards  of  the 
government  and  under  its  special  care  and  protection,  appear 
to  be  contradictory,  both  have  in  practice  served  very  useful 
purposes.  Though  the  Indians  had  no  law  of  land  title,  they 
claimed  the  forests  and  prairies  as  their  hunting  grounds  and 
the  streams  and  lakes  as  their  fishing  preserves.  They  had 
such  possession  of  the  country  as  their  habits  of  life  allowed. 
Their  right  of  occupancy  antedated  that  of  the  whites,  and 
could  not  be  denied  on  any  moral  ground.  The  government 
therefore  procured  relinquishments  of  their  rights  by  treaty 
before  granting  the  land  to  white  settlers.  On  the  other  hand 
the  Indians  had  no  comprehension  of  values,  and  if  allowed  to 
deal  freely  with  the  whites  would  have  been  easily  defrauded. 
The  government  therefore  protected  them.  These  policies 
have  put  an  end  to  Indian  warfare,  allowed  the  whites  to  set- 
tle and  improve  the  country,  and  preserved  the  Indians.  All 
statements  as  to  the  number  of  Indians  in  the  United  States 
in  early  times  are  mere  estimates  based  on  very  insufficient 
data.  In  1782  Thomas  Jefferson  inquired  into  the  subject, 
and  his  authorities  varied  in  their  estimates  of  the  number 
within  the  limits  of  the  territory  of  the  United  States  at  that 
time,  which  extended  only  to  the  Mississippi  on  the  west  and 
to  Florida  on  the  south,  from  9,100  (in  1759)  to  25,080  (in 
1768),  and  of  Indians  outside  the  United  States  from  10,400 
(in  1759)  to  31,630  (in  1764). 72  In  1890  the  number  in  the 
United  States,  exclusive  of  Alaska,  as  shown  by  the  Census 
was  248,253,  of  whom  58,806  were  civilized  and  taxed.73  In 
1911  the  number  had  increased  to  307,913. 74  Though  the  ter- 
ritory of  the  five  Civilized  Tribes  (Cherokees,  Choctaws, 
Chickasaws,  Creeks,  and  Seminoles),  had  been  greatly  re- 
duced, the  development  of  agricultural  and  mineral  wealth  on 
their  lands  has  caused  many  of  them  to  be  very  wealthy.  There 

71  Revised  Statutes '§  2079. 

72  nth  Census,  Part  3,  p.  1115. 

73  nth  Census,  Part  3,  p.  1128. 

74  Statistical  Abstract  of  9911,  p.  27. 


74  INTERNATIONAL  RELATIONS 

has  been  much  intermixture  of  white  blood  among  them,  and 
many  of  them  are  highly  cultured  and  very  delightful  people. 
Many  tribes  have  received  individual  allotments  of  land  and 
become  citizens  of  the  United  States.  The  descendants  of  the 
formerly  dreaded  savages  are  now  our  neighbors  and  friends. 
Treaty-making  and  guardianship  have  wrought  the  much  de- 
sired results.  These  treaties  are  published  in  a  large  volume 
of  1053  pages  and  are  full  of  matter  of  great  interest  to  the 
student  of  American  History.75 

EUROPEAN  POLITICAL  CONGRESSES 

The  Thirty  Years'  War,  which  devastated  Europe,  espe- 
cially Germany,  from  1618  to  1648,  involved  so  many  states 
that  its  settlement  required  a  congress  of  all  the  leading  pow- 
ers. The  peace  of  Prague,  concluded  in  1835  by  only  a  part 
of  the  belligerents  with  the  purpose  of  binding  all,  failed  to 
satisfy  the  others  and  the  savage  warfare  continued.  It  was 
stimulated  by  the  combined  venom  of  political  ambition  and 
priestly  and  religious  hatred.  Schiller  in  his  Thirty  Years' 
War  gives  a  vivid  picture  of  the  desolation  of  Germany  and 
the  savagery  of  both  soldiers  and  civilians.  In  1642  it  was 
arranged  that  representatives  of  Austria,  Spain,  France,  and 
the  Catholic  states,  should  meet  at  Munster  under  the  media- 
tion of  the  Pope  and  the  republic  of  Venice,  and  that  the  rep- 
resentatives of  Sweden  and  the  Protestant  states  should  meet 
at  Osnabriick  under  the  mediation  of  the  King  of  Denmark. 
But  no  meeting  took  place  till  1644,  an<i  then  the  diplomats 
quarreled  month  after  month  over  matters  of  precedence  and 
ceremonial  without  making  any  attempt  at  negotiations.  By 
the  summer  of  1645  a  great  concourse  of  diplomats  and  states- 
men, representing  all  the  principal  Christian  states  of  Europe, 
except  Great  Britain,  had  assembled,  and  such  progress  had 
been  made  that  specific  propositions  were  lodged  with  the 
mediators.  These  were  discussed  for  two  years  without  any 
progress  being  made,  but  the  accumulated  misfortunes  and 
necessities  of  parties  finally  brought  them  to  an  agreement, 
and  the  treaty  was  signed  at  Munster  on  September  9,  1648. 

75  Compilation  of  Indian  Treaties.     (Govt.  Print.) 


INTERNATIONAL  LAW  75 

By  its  terms  the  independence  of  Switzerland  was  acknowl- 
edged, France  gained  the  bishoprics  of  Metz,  Toul,  and  Ver- 
dun, the  province  of  Alsace,  and  from  the  Duke  of  Savoy  the 
town  of  Pignerol  in  Piedmont.  Sweden  acquired  Upper 
Pomerania,  the  Isle  of  Rugen  and  various  towns  on  the  Baltic. 
Spain  had  acknowledged  the  independence  of  the  Netherlands, 
June  30,  1648.  Other  territorial  adjustments  were  made 
which  now  appear  unimportant.  The  religious  controversy 
had  been  the  most  virulent  and  tenacious,  and  proved  to  be 
one  of  the  most  difficult  to  settle.  The  Peace  of  Passau  was 
finally  taken  as  a  basis,  and  the  Calvinists  were  admitted  to 
equal  privileges  with  the  Lutherans.  Equality  of  religious 
rights  was  accorded  to  Catholic,  Lutheran,  and  Calvinist 
princes  and  states.  All  benefices  were  to  be  restored  to  the 
condition  in  which  they  were  on  January  I,  1624,  except  those 
in  the  dominions  of  the  Elector  Palatinate,  the  Margrave  of 
Baden,  and  the  Duke  of  Wiirtemberg,  as  to  which  the  defini- 
tive period  was  fixed  at  i6i8.76 

The  Germanic  Empire  as  finally  constituted  by  this  treaty, 
which  is  referred  to  in  history  and  by  writers  on  international 
law  as  the  treaty  of  Westphalia,  was  composed  of  three  hun- 
dred and  fifty-five  states,  each  claiming  sovereignty,  but  of 
very  unequal  extent  and  power.77  From  the  conclusion  of 
this  treaty  the  policy  of  European  statesmen  with  reference 
to  the  maintenance  of  the  balance  of  power  took  its  rise.  It 
has  exerted  a  most  potent  influence  on  the  diplomacy  of 
Europe  until  very  recent  times.  Ostensibly  designed  to  avoid 
conflicts  by  preventing  any  nation  from  gaining  a  position  of 
mastery,  it  has  led  to  a  multiplicity  of  combinations  and 
counter  combinations  in  which  have  been  the  seeds  of  numer- 
ous wars.  The  treaty  of  Westphalia  did  not  bring  an  end  to 
the  war  then  raging  between  France  and  Spain,  and  the  years 
following  were  far  from  peaceful  in  western  Europe.  The 
ambitions  and  fears  of  rulers  gave  rise  to  the  doctrine  of 
balance  of  power,  rather  than  of  the  rights  of  people.  It  has 

76  Hoosack,  Law  of  Nations,  221-5.     Shiller,  30  Years  War,  330. 

77  Hoosack,  Law  of  Nations,  226. 

78  Taylor  ?  70. 


76  INTERNATIONAL  RELATIONS 

been  defined  as  "a  constitution  subsisting  between  neighboring 
states  more  or  less  connected  with  one  another,  by  virtue  of 
which  no  one  among  them  can  injure  the  independence  or 
essential  rights  of  another,  without  meeting  with  effectual  re- 
sistance on  some  side,  and  consequently  exposing  itself  to 
danger."  The  scheme  of  maintaining  a  balance  of  power  was 
not  backed  by  any  organization  for  its  enforcement.  Each 
nation  remained  sole  judge  of  the  occasion  when  it  would 
throw  its  weight  into  the  scale  to  aid  the  weaker  power.  Con- 
cert of  action  among  the  powers  was  not  secured  by  any  gen- 
eral supervising  tribunal  or  congress,  but  depended  on  diplo- 
macy and  narrow  views  of  interest  in  each  particular  contro- 
versy as  it  arose.  It  was  from  time  to  time  undermined  and 
countermined  by  secret  diplomacy  and  alliances  to  overthrow 
it  and  gain  mastery.  Louis  the  XIV  of  France  pursued  a 
settled  policy  of  aggression,  and  in  the  early  years  of  his  reign 
greatly  increased  and  extended  the  power  of  France,  but  wars 
brought  poverty  to  his  subjects  and  exhaustion  to  the  king- 
dom. Defeat  and  loss  of  all  his  great  prestige  embittered  the 
closing  years  of  his  long  reign.  The  treaties  of  Breda,  1667, 
of  Nimwegen,  1678-1679,  and  of  Ryswick,  1697,  marked  sus- 
pensions of  hostilities,  shifting  of  boundaries,  abandonment  of 
pretensions,  rise  of  new  combinations  and  abandonment  of  old 
ones,  but  no  approach  toward  a  general  combination  of  all  to 
preserve  the  peace  and  promote  their  mutual  welfare. 

The  war  of  the  Spanish  succession,  which  raged  from  1701 
to  1713,  was  terminated  by  the  peace  of  Utrecht.  The  war 
resulted  from  the  conflicting  ambitions  of  crowned  heads,  and 
the  terms  of  the  treaty  which  ended  it  indicate  the  issues  which 
had  been  fought  out.  Its  leading  stipulations  were  that  Philip 
V,  grandson  of  Louis  XIV  of  France,  should  retain  the 
Spanish  throne  upon  his  renunciation  of  all  right  to  the  crown 
of  France,  that  the  dukes  of  Berry  and  Orleans  should  like- 
wise renounce  their  claims  to  the  throne  of  Spain,  and  that 
the  two  crowns  should  never  be  united  on  the  same  head.  The 
ambition  of  the  French  king  to  combine  the  two  kingdoms  in 
one  and  thereby  upset  the  balance  of  power  had  been  defeated 
by  an  alliance  including  England,  Holland,  Austria  and  the 


INTERNATIONAL  LAW  77 

Empire,  and  Portugal.  His  allies  were  the  elector  of  Bavaria, 
and  the  dukes  of  Modena  and  Savoy,  with  such  aid  as  disor- 
ganized Spain  could  give  him.  Great  Britain  received  from 
France  an  express  recognition  of  the  right  of  the  Hanoverian 
succession  to  the  British  throne,  consent  to  the  expulsion  of 
the  pretender  from  French  soil,  and  recognition  of  the  sover- 
eignty of  Great  Britain  over  Hudson's  Bay  and  Straits,  St. 
Kitts,  Nova  Scotia,  and  Newfoundland  with  the  adjacent 
islands,  France  reserving  however  Cape  Breton  and  the  is- 
lands at  the  mouth  of  the  St.  Lawrence,  with  certain  fishing 
rights  on  the  Newfoundland  coast;  and  from  Spain  the  ces- 
sion of  Gibraltar  and  Minorca.  Philip  of  Spain  was  required 
to  cede  to  Charles  of  Austria  his  possessions  in  Italy,  the 
Spanish  Netherlands  and  the  island  of  Sardinia.  The  island 
of  Sicily  was  given  to  the  duke  of  Savoy;  Sardinia  was  as- 
signed to  the  elector  of  Bavaria;  Holland  received  Namur, 
Charleroi,  Luxembourg,  Ypres  and  Nieuport,  but  restored 
Lisle  and  its  dependencies,  and  the  king  of  Prussia  exchanged 
Orange  and  his  possessions  in  Franche-Comte  for  Upper 
Gelders.79 

By  the  peace  of  Nystadt,  concluded  August  30,  1721,  Rus- 
sia acquired  from  Sweden,  Livonia,  Esthonia,  Ingermanland, 
part  of  Carelia,  Riga,  Rivel,  Wiborg,  and  the  island  of  Oesel ; 
by  the  peace  of  Aix-la-Chapelle,  October  18,  1748,  the  war  of 
the  Austrian  succession  was  terminated  and  the  territorial 
boundaries  of  the  combatants  settled;  France,  Great  Britain 
and  Holland  were  the  parties  and  Spain,  Austria,  Genoa  and 
Modena  assented  to  it;  and  by  the  peace  of  Paris,  February 
10,  1763,  the  seven  years  war,  which  involved  the  American 
colonies  in  the  broils  of  the  European  powers,  was  brought  to 
an  end.  Great  Britain,  France,  Spain  and  Portugal  had  fought 
for  mastery  in  the  western  world  and  in  the  far  east.  In  the 
same  month,  by  the  peace  of  Hubertsburg,  Prussia,  Austria 
and  Saxony  settled  for  the  time  their  conflicting  claims  to 
European  dominions.  By  the  treaty  of  Paris,  France  gave 
up  to  Great  Britain  substantially  all  her  claims  of  territory  in 

79  Halleck,  I,   335.  "  Russell,   Hist.   Mod.   Eur.  ii,   195.     Dumont   Corps 
Dipl.  t.  vi.    Taylor  §  76. 


78  INTERNATIONAL  RELATIONS 

America  east  of  the  Mississippi  River,  and  to  Granada,  St. 
Vincent,  Dominique,  and  Tobago,  in  the  West  Indies,  receiv- 
ing in  return  only  Guadaloupe,  Desidrade,  Mariegalante, 
Martinique,  Belleisle,  and  St.  Lucia  in  the  West  Indies  and 
Pondicherry  and  a  district  on  the  coast  of  India  in  the  east.80 

By  a  series  of  treaties  concluded  in  1772,  1793  and  1795 
Poland  was  divided  among  Prussia,  Austria  and  Russia,  and 
ceased  its  national  existence.  The  partition  of  Poland  by 
these  three  autocratic  powers  has  been  universally  condemned 
by  lovers  of  liberty  in  every  country.  It  was  a  gross  and 
palpable  violation  of  the  first  principle  of  international  law, 
which  accords  to  each  nation  the  right  of  existence.  It  violated 
the  principle  of  the  balance  of  power  by  a  combination  of  three 
for  the  destruction  of  one.  By  a  similar  method  all  the  small 
states  might  be  absorbed  by  the  great  ones  agreeing  on  a  di- 
vision of  their  territories.81 

On  September  3,  1783,  for  the  first  time  in  the  history  of 
the  world,  a  treaty  was  signed  by  a  power  of  Europe  with  an 
American  state.  Preliminary  articles  had  been  settled  late  in 
the  preceding  year,  but  the  execution  of  the  definitive  treaty 
was  delayed  till  that  date.  On  the  same  day  were  alsD  signed 
at  Versailles  the  definitive  treaties  between  Great  Britain, 
France,  and  Spain.  Great  Britain  acknowledged  the  independ- 
ence of  the  United  States,  France  recovered  possessions  in 
both  the  East  and  West  Indies,  and  Spain  gained  Florida  and 
Minorca.82  Prior  to  this  time  the  European  states  had  fought 
among  themselves  for  possessions  in  the  new  world,  and  had 
disposed  of  countries  far  more  valuable  now  than  all  their 
home  possessions,  as  mastery  shifted  with  the  fortunes  of 
war.  In  the  great  war  which  has  just  closed,  this  new  na- 
tion, which  then  came  into  existence,  has  intervened  in  Eu- 
rope, not  for  conquest  or  gain  of  any  kind,  but  to  bring  peace 
and  security  to  the  world. 

The  French  revolution  and  the  rise  of  Napoleon  threatened, 
not  merely  the  overthrow  of  the  balance  of  power  in  Europe, 

80  Taylor  §  80. 

81  Martens,  Recueil  &c.  II,  89. 

82  Martens,  Recueil  &c.  Ill,  503. 


INTERNATIONAL  LAW  79 

but  the  overthrow  of  the  doctrine  of  the  divine  right  of  kings 
to  rule.  With  the  slogan  of  "war  to  the  palace  but  peace  to 
the  cottage"  Napoleon  drew  to  his  support  the  liberal  forces 
of  Europe  and  recruited  his  armies  in  the  countries  he  over- 
ran. Great  Britain  alone  of  all  the  great  nations  pursued  a 
course  of  steady  and  persistent  hostility  to  him  until  his  final 
defeat  at  Waterloo.  As  a  result  of  the  wars  the  map  of  Eu- 
rope had  been  greatly  changed ;  old  states  had  disappeared  and 
new  ones  had  come  into  existence.  The  claims  of  hereditary 
rulers  had  been  ignored  and  new  governments  established. 
The  victory  was  with  the  reactionaries,  but  the  war  had  con- 
tinued so  long  that  mere  restoration  of  the  status  quo  ante  did 
not  satisfy  the  rulers.  To  reconstruct  the  map  required  a  gen- 
eral agreement  among  the  powers.  After  the  abdication  of  Na- 
poleon on  April  n,  1814,  and  the  conclusion  of  the  first  peace 
of  Paris,  the  treaty  then  executed  provided  for  a  congress  of 
plenipotentiaries  of  all  the  powers  that  had  been  engaged  in 
the  war  to  meet  at  Vienna.  This  Congress  was  attended  by 
the  monarchs  of  Russia,  Austria,  Prussia,  Denmark,  Bavaria 
and  various  smaller  German  states,  and  by  Wellington,  Castle- 
reagh,  Talleyrand,  Nesselrode,  Hardenberg,  Metternich,  and 
Stein.  It  was  the  greatest  congress,  both  in  the  number  of 
states  represented  and  the  prominence  and  ability  of  the  men 
who  attended  it,  that  had  ever  been  held.  It  resulted  in  a  gen- 
eral treaty  to  which  all  were  parties.  Though  its  fundamental 
purpose  was  to  restore  the  power  of  despots  who  had  been 
deposed  by  the  people,  and  maintain  that  of  those  who  had 
been  able  to  retain  their  power,  it  marked  a  great  stride  for- 
ward in  the  method  of  making  treaties.  The  interests  of  all 
the  nations  were  considered  in  and  fixed  by  a  congress  in 
which  all  were  represented.  The  fundamental  fault  in  it  was 
that  the  representation  was  of  rulers,  not  of  people.  By  the 
treaty  the  boundaries  of  France  were  restored  to  about  the 
same  condition  as  in  1792;  Austria  took  back  what  Napoleon 
had  wrested  from  her;  Prussia  regained  substantially  her  for- 
mer possessions ;  Ferdinand  IV  was  reestablished  on  the  throne 
of  Naples  with  the  two  Sicilies;  a  new  Germanic  Confedera- 
tion was  formed;  Genoa  was  united  to  Sardinia;  Venice  to 


8o  INTERNATIONAL  RELATIONS 

Austria;  Norway  to  Sweden;  Belgium  and  Luxembourg  to 
Holland  under  the  King  of  the  Netherlands,  and  a  part  of 
Saxony  was  added  to  Prussia.  The  relative  ranks  of  ambassa- 
dors and  ministers  was  defined  in  order  to  remove  the  con- 
flicts which  had  existed  as  to  precedence  among  them.83 

The  combination  formed  by  Austria,  Russia,  Prussia  and 
Bourbon  France,  under  the  style  of  the  Holy  Alliance,  was 
for  the  avowed  purpose,  as  expressed  in  a  circular  declaring 
their  intentions,  "to  repel  the  maxim  of  rebellion,  in  whatever 
place  and  under  whatever  form  it  might  show  itself."  It  was 
signed  by  the  sovereigns  of  the  three  first  named  countries 
without  any  ministerial  counter  signatures,  with  the  words 
"Au  nom  de  la  tres  Saint e  et  indivisible  Treinite"  prefixed.84 
Its  fundamental  purpose  was  to  maintain  the  doctrine  of  the 
divine  right  of  kings  and  repress  the  growing  demand  for 
popular  government. 

The  Crimean  war  brought  out  the  combination  of  the  two 
Christian  states  of  Great  Britain  and  France  with  Mohamme- 
dan Turkey  to  resist  the  aggression  of  Christian  Russia.  The 
Congress  of  Paris  of  1856  at  which  the  terms  of  peace  were 
settled  was  attended  by  ambassadors  of  the  Sultan,  the  first  of 
that  power  to  appear  in  a  congress  of  European  powers,  and 
of  Great  Britain,  France,  Austria,  Russia  and  Sardinia.  The 
consolidation  of  the  Italian  states  under  the  king  of  Sardinia 
in  1861,  the  rise  of  Prussia  at  the  expense  of  Denmark,  Aus- 
tria and  France,  followed  by  the  consolidation  of  the  German 
states  and  the  assumption  of  the  title  of  German  Emperor  by 
the  king  of  Prussia  at  Versailles  January  18,  1871,  the  Con- 
gress of  Berlin  following  the  treaty  of  San  Stefano  in  1878, 
which  dealt  with  the  boundaries  and  status  of  the  Balkan 
States,  all  affected  the  balance  of  power  in  Europe,  but,  in- 
stead of  bringing  a  general  feeling  of  peace  and  security,  were 
attended  with  ever-growing  armaments  and  military  and  naval 
preparations  for  war.  Efforts  to  equalize  forces  and  balance 
powers  at  last  culminated  in  the  Triple  Alliance  formed  by 
Germany,  Austria  and  Italy,  and  the  Triple  Entente  by  Great 

83  Taylor,  §  85-86.     Kliiber.  Acten  des  Wiener  Congresses  VII,  §  48. 

84  Manning,  82,  84.    Taylor  §  87. 


INTERNATIONAL  LAW  81 

Britain,  France  and  Russia,  and  the  great  war  just  concluded. 
As  a  means  of  preserving  peace  the  balance  of  power  has  been 
a  most  dismal  and  disastrous  failure.  It  produced  its  logical 
fruit,  great  combinations  and  preparations  for  war,  and  then 
a  war  to  test  the  relative  strength  of  the  combinations.  Eu- 
rope had  made  progress  in  the  art  of  combination,  but  not  in 
the  art  of  promoting  peace.  Questions  without  number  had 
been  settled  by  wars  and  the  treaties  which  terminated  them, 
but  the  doctrine  of  absolute,  ultimate  sovereignty  in  each  na- 
tion left  Europe  as  an  anarchistic  community  of  nations,  ready 
at  all  times  for  conflict  with  each  other.  The  establishment  of 
a  police  force  to  preserve  the  peace  and  guarantee  the  security 
of  all  would  be  futile  so  long  as  the  doctrine  of  ultimate  sov- 
ereignty and  power  to  decide  every  question  was  asserted  by 
each  state  and  backed  by  all  its  military  and  naval  strength. 
Abdication  of  this  sovereignty  by  each  and  the  transference  of 
the  ultimate  power  to  settle  international  disputes  to  deliber- 
ative, judicial  and  executive  agencies  representing  all  the  na- 
tions, not  merely  of  Europe,  but  of  the  new  world  of  America 
and  the  old  world  of  Asia  also,  is  manifestly  the  next  step  to 
be  taken  in  the  effort  to  bring  peace  to  the  earth. 

Prior  to  the  treaty  of  1783,  which  recognized  the  independ- 
ence of  the  United  States,  there  had  been  no  sovereign  power 
on  the  western  continent  recognized  as  such  by  the  nations  of 
Europe.  Diplomatic  relations  had  not  then  been  established 
with  the  Asiatic  nations.  European  potentates  claimed  sover- 
eignty over  remote  lands  by  right  of  discovery  and  prior  oc- 
cupancy, priority  meaning  over  other  Europeans.  The  rights 
of  the  aborigines  were  not  deemed  important.  The  Euro- 
peans are  entitled  to  the  credit  of  having  brought  the  people 
of  all  parts  of  the  earth  into  communication  with  each  other, 
and  planting  colonies  among  the  most  savage  tribes  and  in  the 
waste  places.  About  1810,  during  the  dominance  of  Napoleon 
in  Spain,  most  of  its  American  colonies  revolted  and  main- 
tained their  independence  thereafter.  While  Napoleon  domi- 
nated the  Iberian  Peninsula  in  1807,  the  royal  family  of  Portu- 
gal moved  to  Brazil  and  maintained  its  court  there,  thus  pre- 
senting the  novel  situation  of  a  European  kingdom  ruled  from 


82  INTERNATIONAL  RELATIONS 

America.  Brazil  became  independent  in  ,1822  with  Dom 
Pedro  as  its  emperor.  There  are  now  twenty-one  republics  in 
the  Western  Hemisphere,  all  of  which  are  parties  to  the  Uni- 
versal Postal  Union.  The  general  political  situation  from  the 
time  of  the  restoration  of  the  Bourbons  to  power  in  France 
till  1848  was  that  the  governments  of  Europe,  Asia  and  Africa 
were  monarchical,  while  those  in  America  were  republican. 
It  is  true  that  republican  sentiment  was  growing  and  able  at 
some  times  and  places  to  make  gains  and  limit  arbitrary  power, 
but  autocracy  was  dominant  in  the  concert  of  European 
powers. 

To  the  United  States  is  due  the  credit  of  bringing  into  the 
great  family  of  nations  the  theretofore  most  exclusive  king- 
dom of  Japan,  which  now  occupies  such  a  commanding  posi- 
tion in  the  far  east.  On  June  22,  1855,  a  treaty  of  peace, 
amity  and  commerce  with  that  country,  which  had  been  nego- 
tiated by  Admiral  Perry,  was  proclaimed  by  the  President. 
Since  then  Japan  may  fairly  be  said  to  have  been  the  most 
progressive  nation  on  earth,  to  have  exhibited  the  most  wis- 
dom in  its  willingness  to  learn  from  others,  and  in  its  ca- 
pacity for  adapting  what  it  has  learned  from  civilizations  so 
different  from  its  own  to  its  own  needs.  China  too  has  ab- 
sorbed more  of  the  spirit  of  western  civilization,  and  has  over- 
thrown its  paternal  despotism  and  undertaken  the  organiza- 
tion of  a  republic.  With  the  greatly  increased  facilities  for 
travel  and  transportation  there  are  now  no  far  away  countries. 
By  means  of  cables  and  wireless  telegraphs  instantaneous  inter- 
communication can  be  had  between  any  two  governments  on 
earth.  It  is  not  alone  the  ships  of  Europe  that  visit  the  ports 
of  America  and  Asia,  but  the  ships  of  America  and  Asia  visit 
the  ports  of  Europe.  The  family  of  nations  includes  those 
on  all  continents,  and  no  congress  of  representatives  is  compe- 
tent to  legislate  for  the  seas  unless  America  and  Asia,  as  well 
as  Europe,  are  represented. 

Since  these  great  changes  have  come  about  in  the  general 
world  situation,  congresses  of  a  very  different  kind  from 
those  we  have  just  been  considering  have  been  held.  Those 
we  have  been  considering  have  dealt  almost  exclusively  with 


INTERNATIONAL  LAW  83 

questions  of  sovereignty,  boundaries,  alliances  and  political 
combinations.  We  shall  take  up  hereafter  a  much  more  hope- 
ful line  of  diplomatic  work,  dealing  only  with  common  inter- 
ests and  for  the  common  good.  The  progress  that  has  been 
made  in  this  work  in  the  last  half  century  is  most  remarkable, 
ljut  it  also  brings  forcibly  to  view  the  imperative  needs  of  more 
efficient  and  more  just  methods  of  dealing  with  matters  of 
general  concern  to  all  the  nations. 

Before  proceeding  to  a  consideration  of  these  international 
conventions  there  is  another  line  of  political  interest  to  be  con- 
sidered. America,  though  now  peopled  mainly  by  Europeans 
and  descendants  of  Europeans,  has  always  had  its  own  ideals 
of  social  organization  and  government.  These  have  been  the 
result  of  a  combination  of  influences,  some  of  which  have  not 
affected  Europeans.  The  free  life  of  the  native  Indians  and 
the  environments  of  the  early  settlers  taught  them  self-reliance 
and  inspired  them  with  a  love  of  liberty.  Separation  from 
Europeans  and  infrequent  communication  with  them  allowed 
students  of  history  to  freely  compare  the  ideals  of  ancient 
Greece  and  Rome  with  those  of  the  rulers  of  modern  Europe. 
These  ideals  produced  the  republics,  and  when  they  were  men- 
aced the  Monroe  doctrine. 

THE  MONROE  DOCTRINE 

In  pursuance  of  its  purpose  "to  put  an  end  to  the  system  of 
representative  governments"  in  Europe,  the  Holy  Alliance 
crushed  the  Neapolitan  revolution  of  1820,  and  France  at  its 
behest  invaded  Spain  in  1823  to  overthrow  the  constitution  of 
the  Cortes  and  restore  the  autocracy  of  Ferdinand  VII.  In 
the  summer  of  that  year  the  Alliance  notified  Great  Britain 
that,  as  soon  as  France  should  complete  the  overthrow  of  the 
revolutionary  government  of  Spain,  a  congress  would  be 
called  for  the  purpose  of  terminating  the  revolutionary  gov- 
ernments of  South  America.  These  governments  had  then 
been  recognized  by  the  United  States,  but  not  by  Great  Britain 
or  other  European  governments.  In  England,  Castlereagh, 
who  was  regarded  as  in  sympathy  with  the  Holy  Alliance, 
yielded  the  direction  of  foreign  affairs  to  Canning,  an  advo- 


S4  INTERNATIONAL  RELATIONS 

cate  of  the  right  of  self-government  and  opponent  of  the  in- 
vasion of  Spain  by  France.  English  merchants  were  deeply 
interested  in  the  trade  with  South  America,  and  their  interests 
would  be  seriously  menaced  by  armed  intervention  by  the  other 
powers.  Canning  therefore  suggested  to  the  American  Min- 
ister at  London  that  a  joint  declaration  against  the  proposed 
intervention  be  made  by  Great  Britain  and  the  United  States. 
The  correspondence  on  the  subject  was  transmitted  from  Lon- 
don and  submitted  to  President  Monroe,  who  called  on  Jef- 
ferson, then  in  retirement,  for  his  advice  in  the  matter.  Jef- 
ferson's views  as  to  the  importance  of  the  subject  and  the 
policy  which  should  be  adopted  appear  from  his  letter  of  Oc- 
tober 24,  1823,  in  which  he  said:  "The  question  presented  by 
the  letters  you  have  sent  me,  is  the  most  momentous  which 
has  ever  been  offered  to  my  contemplation  since  that  of  inde- 
pendence. That  made  us  a  nation ;  this  sets  our  compass,  and 
points  the  course  which  we  are  to  steer  through  the  ocean  of 
time  opening  on  us.  And  never  could  we  embark  on  it  under 
circumstances  more  auspicious.  Our  first  and  fundamental 
maxim  should  be,  never  to  entangle  ourselves  in  the  broils  of 
Europe;  our  second,  never  to  suffer  Europe  to  intermeddle 
with  cis-Atlantic  affairs.  America,  North  and  South,  has  a 
set  of  interests  distinct  from  those  of  Europe,  and  peculiarly 
her  own.  She  should,  therefore,  have  a  system  of  her  own, 
separate  and  apart  from  that  of  Europe.  While  the  last  is  la- 
boring to  become  the  domicile  of  despotism,  our  endeavor 
should  surely  be,  to  make  our  hemisphere  that  of  freedom. 
One  nation,  most  of  all,  could  disturb  us  in  this  pursuit;  she 
now  offers  to  lead,  aid,  and  accompany  us  in  it.  By  acceding 
to  her  proposition,  we  detach  her  from  the  band  of  despots, 
bring  her  mighty  weight  into  the  scale  of  free  government, 
and  emancipate  a  continent  at  one  stroke,  which  might  other- 
wise linger  long  in  doubt  and  difficulty.  Great  Britain  is  the 
nation  that  can  do  us  the  most  harm  of  any  one,  or  all,  on 
earth;  and  with  her  on  our  side  we  need  not  fear  the  whole 
world.  With  her,  then,  we  should  most  sedulously  cherish  a 
cordial  friendship;  and  nothing  would  tend  more  to  knit  our 
affections,  than  to  be  fighting  once  more,  side  by  side,  in  the 


•  INTERNATIONAL  LAW  85 

same  cause.  Not  that  I  would  purchase  even  her  amity  at  the 
price  of  taking  part  in  her  wars.  But  the  war  in  which  the 
present  proposition  might  engage  us,  should  that  be  its  conse- 
quence, is  not  her  war,  but  ours.  Its  object  is  to  introduce 
and  establish  the  American  system,  of  keeping  out  of  our  land 
all  foreign  powers,  of  never  permitting  those  of  Europe  to 
intermeddle  with  the  affairs  of  our  nations.  It  is  to  maintain 
our  own  principle,  not  to  depart  from  it.  And  if,  to  facilitate 
this,  we  can  effect  a  division  in  the  body  of  European  powers, 
and  draw  over  to  our  own  side  its  most  powerful  member, 
surely  we  should  do  it.  But  I  am  clearly  of  Mr.  Canning's 
opinion,  that  it  will  prevent  instead  of  provoking  war.  With 
Great  Britain  withdrawn  from  their  scale,  and  shifted  into 
that  of  our  two  continents,  all  Europe  combined  would  not 
undertake  such  a  war.  For  how  would  they  propose  to  get  at 
either  enemy  without  superior  fleets?  Nor  is  the  occasion  to 
be  slighted  which  this  proposition  offers,  of  declaring  our  pro- 
test aganst  the  atrocious  violations  of  the  rights  of  nations, 
by  the  interference  of  any  one  in  the  internal  affairs  of  an- 
other, so  flagitiously  begun  by  Bonaparte,  and  now  continued 
by  the  equally  lawless  Alliance,  calling  itself  Holy."85 

President  Monroe  chose  to  deal  with  the  matter  in  the  form 
of  a  message  to  Congress  delivered  December  2,  1823,  in 
which  he  said : 

"At  the  proposal  of  the  Russian  Imperial  Government,  made 
through  the  minister  of  the  Emperor  residing  here,  a  full 
power  and  instructions  have  been  transmitted  to  the  minister 
of  the  United  States  at  St.  Petersburg  to  arrange,  by  amicable 
negotiation,  the  respective  rights  and  interests  of  the  two 
nations  on  the  north-west  coast  of  this  continent.  A  similar 
proposal  has  been  made  by  his  Imperial  Majesty  to  the  Govern- 
ment of  Great  Britain,  which  has  likewise  been  acceded  to. 
The  Government  of  the  United  States  has  been  desirous,  by 
this  friendly  proceeding,  of  manifesting  the  great  value  which 
they  have  invariably  attached  to  the  friendship  of  the  Emp- 
eror, and  their  solicitude  to  cultivate  the  best  understanding 

83  Jefferson's  Works,  IV,  381. 


86  INTERNATIONAL  RELATIONS 

with  his  Government.  In  the  discussions  to  which  this  interest 
has  given  rise  and  in  the  arrangements  by  which  they  may 
terminate,  the  occasion  has  been  adjudged  proper  for  assert- 
ing, as  a  principle  in  which  the  rights  and  interests  of  the 
United  States  are  involved,  that  the  American  continents,  by 
the  free  and  independent  condition  which  they  have  assumed 
and  maintain,  are  henceforth  not  to  be  considered  as  subjects 
for  future  colonization  by  any  European  Powers. 

"It  was  stated  at  the  commencement  of  the  last  session  that 
a  great  effort  was  then  making  in  Spain  and  Portugal  to  im- 
prove the  condition  of  the  people  of  those  countries,  and  that 
it  appears  to  be  conducted  with  extraordinary  moderation.  It 
need  scarcely  be  remarked  that  the  result  has  been  so  far  very 
different  from  what  was  then  anticipated.  Of  events  in  that 
quarter  of  the  globe,  with  which  we  have  so  much  intercourse, 
and  from  which  we  derive  our  origin,  we  have  always  been 
anxious  and  interested  spectators.  The  citizens  of  the  United 
States  cherish  sentiments,  the  most  friendly,  in  favour  of  the 
liberty  and  happiness  of  their  fellow  men  on  that  side  of  the 
Atlantic.  In  the  wars  of  the  European  Powers  in  matters  re- 
lating to  themselves,  we  have  never  taken  any  part,  nor  does 
it  comport  with  our  policy  to  do  so.  It  is  only  when  our  rights 
are  invaded,  or  seriously  menaced,  that  we  resent  injuries  or 
make  preparation  for  our  defense.  With  the  movements  in 
this  hemisphere  we  are  of  necessity  more  immediately  con- 
cerned, and  by  causes  which  must  be  obvious  to  all  enlightened 
and  impartial  observers. 

"The  political  system  of  the  Allied  Powers  is  essentially 
different  in  this  respect  from  that  of  America.  This  differ- 
ence proceeds  from  that  which  exists  in  their  respective  Gov- 
ernments. And  to  the  defense  of  our  own,  which  has  been 
achieved  by  the  loss  of  so  much  blood  and  treasure,  and  ma- 
tured by  the  wisdom  of  their  most  enlightened  citizens  and 
under  which  we  liave  enjoyed  unexampled  felicity,  this  whole 
nation  is  devoted.  We  owe  it,  therefore,  to  candour  and  to 
the  amicable  relations  existing  between  the  United  States  and 
those  Powers  to  declare  that  we  should  consider  any  attempt 
on  their  part  to  extend  their  system  to  any  portion  of  this 


INTERNATIONAL  LAW  87 

hemisphere  as  dangerous  to  our  peace  and  safety.  With  the 
existing  colonies  or  dependencies  of  any  European  Power  we 
have  not  interfered,  and  shall  not  interfere.  But  with  the 
Governments  who  have  declared  their  independence  and  main- 
tained it,  and  whose  independence  we  have,  on  great  considera- 
tion and  on  just  principles,  acknowledged,  we  could  not  view 
any  interposition  for  the  purpose  of  oppressing  them,  or  con- 
trolling in  any  manner  their  destiny  by  any  European  Power, 
in  any  other  light  than  as  the  manifestation  of  an  unfriendly 
disposition  towards  the  United  States.  In  the  war  between 
those  new  Governments  and  Spain,  we  declared'our  neutrality 
at  the  time  of  their  recognition,  and  to  this  we  have  adhered, 
and  shall  continue  to  adhere,  provided  no  change  shall  occur 
which  in  the  judgment  of  the  competent  authorities  of  this 
Government  shall  make  a  corresponding  change  on  the  part 
of  the  United  States  indispensable  to  their  security. 

'"The  late  events  in  Spain  and  Portugal  show  that  Europe  is 
still  unsettled.  Of  this  important  fact  no  stronger  proof  can 
be  adduced  than  that  the  Allied  Powers  should  have  thought 
it  proper,  on  a  principle  satisfactory  to  themselves,  to  have  in- 
terposed by  force  in  the  internal  concerns  of  Spain.  To  what 
extent  such  interposition  may  be  carried  on  the  same  principle 
is  a  question  to  which  all  independent  Powers  whose  Gov- 
ernments differ  from  them  are  interested,  even  those  most 
remote,  and  surely  none  more  so  than  the  United  States.  Our 
policy  in  regard  to  Europe  which  was  adopted  at  an  early 
stage  of  the  wars  which  have  so  long  agitated  that  quarter  of 
the  globe,  nevertheless  remains  the  same,  which  is  not  to  inter- 
fere in  the  internal  concerns  of  any  other  Powers ;  to  consider 
the  Government  dc  facto  as  the  legitimate  Government  for 
us ;  to  cultivate  friendly  relations  with  it,  and  to  preserve  those 
relations  by  a  frank,  firm,  and  manly  policy;  meeting  in  all 
instances  the  just  claims  of  every  Power,  submitting  to  in- 
juries from  none.  But  in  regard  to  these  continents,  circum- 
stances are  eminently  and  conspicuously  different.  It  is  im- 
possible that  the  Allied  Powers  should  extend  their  political 
system  to  any  portion  of  either  continent  without  endangering 
our  peace  and  happiness;  nor  can  anyone  believe  that  our 


88  INTERNATIONAL  RELATIONS 

Southern  brethren,  if  left  to  themselves,  would  adopt  it  of 
their  own  accord.  It  is  equally  impossible,  therefore,  that  we 
should  behold  such  interposition  in  any  form  with  indiffer- 
ence. If  we  look  to  the  comparative  strength  and  resources  of 
Spain  and  those  new  Governments,  and  their  distance  from 
each  other,  it  must  be  obvious  that  she  can  never  subdue  them. 
It  is  still  the  true  policy  of  the  United  States  to  leave  the 
parties  to  themselves,  in  the  hope  that  other  Powers  will  pur- 
sue the  same  course."80 

The  wisdom  of  this  policy  seems  to  be  fully  established  by 
subsequent  history,  for  it  has  not  involved  the  United  States 
in  any  war,  and,  with  a  single  exception,  no  European  nation 
has  interfered  forcibly  in  the  internal  affairs  of  the  American 
republics.  This  exception  occurred  during  the  Civil  War  in 
the  United  States.  Napoleon  III  took  advantage  of  the  situ- 
ation in  Mexico  arising  from  the  confiscation  of  the  church 
property  by  Juarez,  his  suspension  of  the  payment  of  foreign 
debts,  and  the  demands  of  France,  Great  Britain,  and  Spain, 
as  principal  creditors  for  payment,  and  of  the  inability  of  the 
United  States  at  that  time  to  interfere  with  his  operations,  to 
invade  Mexico  and  establish  Maximilian  of  Austria  as  em- 
peror. France  alone  furnished  the  troops  for  the  enterprise. 
The  United  States  protested  at  the  time  of  the  invasion,  re- 
fused to  recognize  Maxmilian,  and  after  the  termination  of 
the  Civil  War  demanded  that  the  French  troops  be  withdrawn, 
and  proceeded  to  move  troops  toward  the  Mexican  border. 
France  yielded  and  withdrew  the  troops,  and  Maxmilian  was 
speedily  dethroned,  court-martialed  and  shot.87 

The  doctrine  was  again  asserted  very  vigorously  by  Presi- 
dent Cleveland  in  1895  in  relation  to  the  dispute  between 
Great  Britain  and  Venezuela  over  the  boundary  line  between 
British  Guiana  and  Venezuela.  As  the  result  of  his  stand 
denying  the  right  of  Great  Britain  to  extend  its  possessions 
by  force,  the  matter  was  submitted  to  arbitration  and  amicably 
settled.88 

86  Moore  Int.  Law  Dig.  6,  401.     Messages  &  Papers  of  the  Presidents 
XI-787. 

87  Wilson,  History  of  the  American  People,  V.  42. 
•ss  Wilson,  History  of  the  American  People,  V.  245. 


INTERNATIONAL  LAW  89 

The  annexation  of  Hawaii  in  1898,  though  a  departure  from 
a  strictly  continental  policy,  can  hardly  be  said  to  constitute  a 
breach  of  the  traditional  policy  of  the  government.  The 
islands  are  nearer  to  America  than  to  Asia.  The  assumption 
of  possession  of  the  Philippine  Islands  is  a  clear  departure 
from  the  continental  policy,  if  such  possession  is  to  be  retained 
permanently. 

Although  the  United  States  entered  into  the  European  war 
and  fought  on  the  continent  of  Europe  in  combination  with 
the  troops  of  the  western  nations,  the  cause  of  its  entry  into 
the  war  was  the  clear  and  repeated  violation  of  its  rights  as 
a  neutral  nation.  It  happened  to  be  the  fact  that  these  nations 
are  all  either  republics  or  constitutional  monarchies  in  which 
accountable  ministers  direct  the  executive  departments  of  the 
governments  and  elective  representative  bodies  exercise  the 
legislative  powers.  The  Central  Powers  and  Turkey  were 
dominated  by  military  combinations  under  the  command  of 
hereditary  rulers.  If  the  purpose  had  been  merely  to  aid  the 
allied  nations,  the  United  States  would  still  have  been  fighting 
in  support  of  the  ideals  of  Jefferson  and  Monroe,  though  on 
the  soil  of  Europe.  The  rulers  of  all  the  powers  that  united 
to  form  the  so-called  Holy  Alliance  have  been  deposed  and 
have  left  to  their  people  the  task  of  constructing  new  govern- 
ments. 

At  the  time  President  Monroe  announced  the  policy  which 
has  since  been  steadily  followed  by  the  United  States  the  con- 
ditions were  very  different  from  those  with  which  the  nation 
is  now  confronted.  There  was  but  one  firmly  established  re- 
public in  Europe,  Switzerland.  Of  the  other  governments 
that  of  Great  Britain  was  the  most  democratic,  but  very  far 
from  being  the  popular  government  it  now  is.  Austria,  Rus- 
sia, Prussia,  and  France  under  Bourbon  rule,  \vere  united  in 
the  Holy  Alliance  for  the  avowed  purpose  of  crushing  all 
popular  uprisings  in  Europe  and  ruling  it  by  military  force. 
When  this  unholy  alliance  proposed  to  restore  the  Spanish 
despotism  in  South  America  and  asked  the  aid  of  Great  Britain 
in  the  undertaking  it  refused  and  placed  itself  in  opposition  to 
the  scheme.  Jefferson  favored  the  acceptance  of  the  British 


90  INTERNATIONAL  RELATIONS 

plan  of  joint  action  by  the  United  States  and  Great  Britain, 
by  which  the  latter  power  would  be  allied  to  the  republics  of 
America  in  opposition  to  the  monarchies  of  Europe,  but  Mon- 
roe preferred  to  take  a  strictly  American  stand,  relying  on  the 
assistance  of  Great  Britain  in  case  the  Holy  Alliance  should 
then  undertake  to  intervene  in  South  America.  The  transpor- 
tation of  troops  from  Europe  to  America  was  then  a  far  more 
difficult  task  than  it  now  is.  Communication  could  only  be 
had  across  the  ocean  by  ships.  The  telegraph  had  not  yet  been 
invented.  Great  Britain,  then  as  now,  dominated  the  ocean. 
With  its  aid  there  was  no  doubt  of  the  ability  of  America  to 
defend  itself.  On  the  other  hand  it  would  have  been  nothing 
short  of  madness  for  the  United  States  even  in  alliance  with 
Great  Britain,  the  South  American  States,  and  Switzerland, 
to  have  undertaken  to  wage  war  for  democracy  on  continental 
Europe. 

The  great  war  just  ended  has  witnessed  the  invasion  of 
Europe  by  the  democracies  of  America,  Asia,  Australia,  and 
Africa,  and  the  utter  destruction  of  all  the  remaining  dynas- 
ties that  had  formed  the  Holy  Alliance.  The  United  States 
transported  an  army  of  more  than  two  million  men  across 
the  Atlantic  in  less  than  a  year,  with  all  its  needed  supplies 
and  equipment,  with  the  aid  of  British  shipping.  It  has  also 
furnished  food  to  all  the  allied  nations.  It  is  now  confronted 
with  the  problem  of  making  an  enduring  peace  by  which  it 
will  be  made  secure  against  the  recurrence  of  such  conditions 
as  drew  it  into  this  great  struggle.  There  is  no  powerful 
military  despotism  left  in  Europe,  Asia,  or  Africa,  but  there 
is  a  vast  territory  in  central  and  eastern  Europe  and  northern 
Asia  throughout  which  the  people  are  striving  to  establish 
free  institutions.  They  are  now  divided  into  many  discordant 
factions,  with  conditions  throughout  Germany  and  much  of 
Russia  very  similar  to  those  prevailing  in  France  after  the 
revolution.  Western  Europe,  which  had  established  govern- 
ments accountable  to  the  people,  comes  out  of  the  war  victori- 
ous, but  with  many  frightful  scars  from  it.  Without  the  aid 
the  Allies  received  from  America  in  supplies  and  men  it  appears 
reasonably  certain  that  the  Central  Powers  would  have  succeed- 
ed in  extending  their  military  despotisms  in  all  directions.  The 


INTERNATIONAL  LAW  91 

spirit  of  the  Monroe  doctrine  was  invoked  when  the  United 
States  entered  the  war.  It  must  now  be  applied  to  preserve 
the  fruits  of  a  victory  won  at  such  fearful  cost,  especially  to 
the  popular  governments  of  Europe.  This  spirit  and  the  prac- 
tical wisdom  of  Monroe  and  Jefferson  clearly  call  for  a  larger 
application  of  the  doctrine  which  was  announced  in  behalf  of 
free  government  in  America.  Military  despotism  must  not  be 
allowed  to  come  back  in  any  part  of  the  world  to  work  havoc 
at  the  command  of  any  ruthless  ruler.  The  allied  nations 
fought  for  the  avowed  purpose  of  making  the  world  safe  for 
democracy,  and  there  can  be  no  doubt  that  the  announcement 
of  this  purpose  contributed  materially  to  their  success.  At 
the  conclusion  of  the  war  the  victorious  nations  which  sit  at 
the  peace  table  to  arrange  the  terms  of  peace  include  the  re- 
publics of  the  United  States,  France,  Portugal,  Brazil,  Cuba 
and  China,  and  the  constitutional  monarchies  of  Great  Britain, 
Belgium,  Italy,  and  Japan,  whose  governments  are  almost  as 
popular  in  character  as  those  of  the  republics.  These  nations, 
and  the  smaller  ones  associated  with  them,  entered  into  a  great 
league  in  fact,  if  not  in  name,  by  which  they  overthrew  the 
governments  which  brought  on  the  war.  They  have  now 
formed  a  league  to  maintain  the  fruits  of  their  victory.  The 
combinations  of  nations  forming  this  league  is  vastly  more 
powerful  than  the  whole  force  of  America  with  Great  Britain 
added  in  the  time  of  Monroe.  This  combination  is  not  now 
confronted  by  any  great  monarchical  combination.  Its  diffi- 
culties are  merely  those  of  applying  the  fundamental  princi- 
ples of  freedom  and  representative  government  to  all  the 
nations  of  the  world.  Manifestly  the  first  danger  to  be  pro- 
vided against  is  that  of  the  reorganization  of  a  great  military 
machine  like  that  of  Germany  at  the  commencement  of  the 
war.  This  can  only  be  done  through  a  supervising  force  estab- 
lished by  the  league  to  prohibit  great  military  combinations. 
Very  clearly  this  force  must  be  representative  of  and  account- 
able to  the  free  people  who  establish  it.  It  must  itself  be  sub- 
ject to  law  and  to  the  popular  governments  it  represents.  It 
must  act  in  strict  accordance  with  the  benign  principles  of 
Monroe  and  Jefferson  and  shield  the  weak  against  the  aggres- 
sions of  the  strong  nations.  It  is  still  necessary,  as  a  matter 


92  INTERNATIONAL  RELATIONS 

both  of  right  and  of  policy,  to  allow  the  people  of  each  coun- 
try to  regulate  their  domestic  affairs  in  accordance  with  their 
own  views.  The  nations  must  be  free,  but  this  freedom  must 
not  extend  even  to  preparation  for  aggression  on  their  neigh- 
bors. Heretofore  international  law  has  been  utterly  impotent 
as  a  means  of  preserving  the  peace  of  the  world.  It  is  for 
the  League  of  Nations  to  make  its  rules  just,  and  to  see  that 
they  are  enforced  against  any  member  of  the  family  of  nations 
that  would  attempt  to  do  what  the  Holy  Alliance  wished  to 
do  in  the  days  of  Monroe.  It  is  not  the  Monroe  doctrine  that 
stands  in  the  way  of  a  successful  league  of  nations,  but  the 
lack  of  affirmative  principles  in  international  law  concerning 
the  relations  of  nations.  International  law  has  never  defi- 
nitely sanctioned  aggressive  war,  but  it  has  interposed  no  ob- 
stacle to  it.  It  has  accorded  to  each  nation,  no  matter  how 
organized,  the  right  to  determine  for  itself  for  what  cause 
and  when  it  would  go  to  war.  So  long  as  this  doctrine  pre- 
vails, there  can  be  no  assurance  of  peace.  International  law, 
to  be  worthy  the  name,  must  be  law  which  binds  nations  in 
their  corporate  capacity.  Order  is  heaven's  first  law,  and  order 
does  not  exist  on  earth  when  nations  are  permitted  to  and  do 
go  to  war.  No  matter  what  question  of  international  relation 
may  arise,  there  may  be,  there  should  be,  a  rule  of  law  to  set- 
tle it.  Such  rules,  in  order  to  be  accepted  and  enforced,  must 
commend  themselves  to  the  general  sense  of  right  of  the  peo- 
ple of  all  nations.  In  order  to  be  sure  of  accordance  with  this 
general  opinion  it  is  manifestly  necessary  that  a  body  repre- 
senting all  the  free  nations  formulate  them.  International 
law  has  never  said  to  a  sovereign  nation,  thou  shalt  not  kill, 
thou  shalt  not  rob,  thou  shalt  not  covet  thy  neighbor's  goods, 
but  only  when  you  do  these  awful  crimes  you  shall,  if  you 
conveniently  can,  do  them  under  a  few  restrictions  and  limi- 
tations designed  to  mitigate  their  barbarities.  It  must  be 
made  to  enforce  on  nations  the  fundamental  principles  under- 
lying all  municipal  codes  dealing  with  crime.  It  must  deny  to 
each  and  every  nation,  as  an  attribute  of  its  sovereignty,  the 
right  to  go  to  war.  It  must  afford  a  practical  means  for  the 
enforcement  of  the  rights  of  a  nation,  without  referring  the 
remedy  to  the  primitive  law  of  the  savage,  self-help. 


CHAPTER  III 
GENERAL  WELFARE  CONVENTIONS 

Though  much  has  been  accomplished  in  the  improvement  of 
international  relations  by  separate  treaties  affecting  only  two 
or  a  very  few  nations,  these  have  been  found  inadequate  to 
fill  the  requirements  of  modern  commercial  and  social  inter- 
course. The  ever-growing  web  of  complicated  relations  in- 
volving the  people  of  many  nations,  the  increasing  dependence 
of  densely  peopled  manufacturing  states  on  distant  lands  for 
food  supplies,  and  of  the  agricultural  states  on  them  for  a 
market  for  their  products  and  supplies  of  clothing,  implements 
and  other  manufactured  articles,  render  more  general  agree- 
ments an  imperative  necessity.  It  has  been  perceived  that  the 
highest  welfare  of  each  nation  is  dependent  in  very  large 
measure  on  friendship  and  commerce  with  many  others.  The 
full  measure  of  benefit  from  commercial  intercourse  can  only 
be  attained  under  conditions  of  permanent  peace.  Most  of 
the  old  treaties  were  made  either  to  combine  for  war  or  to  fix 
the  terms  of  its  termination.  Treaties  of  peace  have  disposed 
of  the  particular  controversies  involved  in  the  wars  which  they 
terminated,  and  many  of  them  have  been  observed  and  carried 
out  in  good  faith  by  both  parties  for  long  periods,  but  chang- 
ing conditions  have  presented  new  questions  and  new  combina- 
tions out  of  which  leaders  imbued  with  ancient  hatred  or  am- 
bition have  been  able  to  extract  pretexts  for  war.  It  is  now 
apparent  that  peace  must  be  secured  by  better  and  more  gen- 
eral guaranties  than  treaties  between  two  hostile  nations  or 
combinations  of  hostile  nations. 

Of  late  many  questions  of  general  concern  to  all  nations 
have  been  taken  up  by  diplomatic  conferences  at  which  many 
nations  have  been,  represented.  A  very  prominent  purpose  has 
been  to  bring  about  international  agreements  for  the  mitiga- 
tion of  the  horrors  of  war,  and  for  reducing  the  numbers  of 


94  INTERNATIONAL  RELATIONS 

wars  by  arbitration  of  differences  and  by  conciliation. 
Other  general  international  interests,  however,  have  been 
deemed  of  sufficient  importance  to  be  considered  in  general 
conferences  and  as  subjects  of  treaties  to  which  the  adherence 
of  all  the  nations  of  the  earth  has  been  invited.  One  of  the 
earliest  and  most  important  of  these  conferences  was  held  at 
Geneva  for  the  purpose  of  obtaining  a  general  agreement  for 
the  protection  of  the  sick  and  wounded  in  war  and  of  those 
employed  in  caring  for  them.  The  convention  adopted  and 
signed  at  the  conference  met  with  almost  universal  approval 
and  it  remained  in  force  until  superseded  by  the  Geneva  Con- 
vention of  1906,  which  will  be  found  in  full  in  its  order.  As 
this  was  the  first  of  the  great  general  welfare  conventions  to 
become  generally  adopted  by  the  nations  it  is  given  here  in 
full. 

GENEVA  CONVENTION,  1864 

In  1864  a  Convention  of  representatives  of  twelve  Euro- 
pean Powers  was  held  at  Geneva,  Switzerland,  to  consider  the 
amelioration  of  the  condition  of  the  wounded  in  time  of  war, 
at  which  a  convention  was  agreed  upon  and  signed  on  August 
22,  1864,  providing  as  follows: 

Article  I.  Ambulances  and  Military  hospitals  shall  be  acknowledged 
to  be  neuter,  and,  as  such,  shall  be  protected  and  respected  by  belligerents 
so  long  as  any  sick  or  wounded  may  be  therein. 

Such  neutrality  shall  cease  if  the  ambulances  or  hospitals  should  be 
held  by  a  military  force. 

Art.  II.  Persons  employed  in  Hospitals  and  Ambulances,  comprising 
the  staff  for  superintendence,  medical  service,  administration,  transport 
of  wounded,  as  well  as  chaplains,  shall  participate  in  the  benefit  of  neu- 
trality, whilst  so  employed,  and  so  long  as  there  remain  any  wounded  to 
bring  in  or  to  succor. 

Art.  III.  The  persons  designated  in  the  preceding  article  may,  even 
after  occupation  by  the  enemy,  continue  to  fulfill  their  duties  in  the 
hospital  or  ambulance,  which  they  serve,  or  may  withdraw  in  order  to 
rejoin  the  corps  to  which  they  belong. 

Under  such  circumstances,  when  these  persons  shall  cease  from  their 
functions,  they  shall  be  delivered  by  the  occupying  army  to  the  outposts 
of  the  enemy. 

Art.  IV.     As  the  equipment  of  military  hospitals  remains  subject  to  the 


GENERAL  WELFARE  CONVENTIONS          95 

laws  of  war,  persons  attached  to  such  hospitals  cannot,  in  withdrawing, 
carry  away  any  articles  but  such  as  are  their  private  property. 

Under  the  same  circumstances  an  ambulance  shall,  on  the  contrary,  re- 
tain its  equipment. 

Art.  V.  Inhabitants  of  the  country  who  may  bring  help  to  the  wounded 
shall  be  respected,  and  shall  remain  free.  The  generals  of  the  belligerent 
Powers  shall  make  it  their  care  to  inform  the  inhabitants  of  the  appeal 
addressed  to  their  humanity,  and  of  the  neutrality  which  will  be  the  con- 
sequence of  it. 

Any  wounded  man  entertained  and  taken  care  of  in  a  house  shall  be 
considered  as  a  protection  thereto.  Any  inhabitant  who  shall  have  enter- 
tained wounded  men  in  his  house  shall  be  exempt  from  the  quartering 
of  troops,  as  well  as  from  a  part  of  the  contributions  of  war  which  may 
be  imposed. 

Art.  VI.  Wounded  or  sick  soldiers  shall  be  entertained  and  taken  care 
of,  to  whatever  nation  they  may  belong. 

Commanders-in-chief  shall  have  the  power  to  deliver  immediately  to 
the  outposts  of  the  enemy  soldiers  who  have  been  wounded  in  an  engage- 
ment when  circumstances  permit  this  to  be  done,  and  with  the  consent 
of  both  parties. 

Those  who  are  recognized,  after  their  wounds  are  healed,  as  incapable 
of  serving,  shall  be  sent  back  to  their  country. 

The  others  may  also  be  sent  back,  on  condition  of  not  again  bearing 
arms  during  the  continuance  of  the  war. 

Evacuations,  together  with  the  persons  under  whose  directions  they 
take  place,  shall  be  protected  by  an  absolute  neutrality. 

Art.  VII.  A  distinctive  and  uniform  flag  shall  be  adopted  for  hos- 
pitals, ambulances  and  evacuations.  It  must,  on  every  occasion,  be  ac- 
companied by  the  national  flag.  An  arm-badge  (brassard)  shall  also  be 
allowed  for  individuals  neutralized,  but  the  delivery  thereof  shall  be  left 
to  military  authority. 

The  flag  and  the  arm-badge  shall  bear  a  red  cross  on  a  white  ground. 

Art.  VIII.  The  details  of  execution  of  the  present  convention  shall 
be  regulated  by  the  commanders  in  chief  of  belligerent  armies,  according 
to  the  instructions  of  their  respective  governments,  and  in  conformity 
with  the  general  principles  laid  down  in  this  convention. 

Art.  IX.  The  high  contracting  Powers  have  agreed  to  communicate 
the  present  convention  to  those  'Governments  which  have  not  found  it 
convenient  to  send  plenipotentiaries  to  the  International  Conference  at 
Geneva,  with  an  invitation  to  accede  thereto ;  the  protocol  is  for  that 
purpose  left  open. 

Art.  X.  The  present  convention  shall  be  ratified,  and  the  ratifications 
shall  be  exchanged  at  Berne  in  four  months,  or  sooner,  if  possible.1 

1  Senate  Documents,  2d  Session,  61   Congress,  48-1903. 


96  INTERNATIONAL  RELATIONS 

Though  not  represented  at  the  convention  which  formulated 
it,  the  United  States  adopted  the  convention  and  it  was  duly 
proclaimed  July  26,  1882.  The  adhesion  to  it  by  other  powers 
was  duly  communicated  as  follows:  Sweden  and  Norway, 
Greece,  Great  Britain,  Mecklenburg- Schwer in,  Turkey,  Wurt- 
temburg,  Hesse,  Bavaria,  Austria,  Portugal,  Saxony,  Russia, 
Persia,  Roumania,  Salvador,  Montenegro,  Servia,  Bolivia, 
Chile,  Argentine  Republic,  Peru,  Bulgaria,  Japan,  Kongo  Free 
State,  Venezuela,  Uruguay,  Korea,  Guatemala,  China,  Mexico, 
Colombia,  Brazil,  Paraguay,  Cuba,  Dominican  Republic, 
Hayti,  Panama  and  Ecuador. 

On  October  22,  1868,  another  convention  was  signed  at 
Geneva,  by  representatives  of  fifteen  European  Powers,  in- 
cluding North  Germany,  which  was  also  adhered  to  a"nd  pro- 
mulgated by  the  United  States  at  the  same  time  as  the  first 
one.  It  recites  the  purpose  of  the  Powers  "to  extent  to  armies 
on  the  sea  the  advantages  of  the  Convention  concluded  at 
Geneva  the  22  of  August,  1864,"  and  provides : 

Article  I.  The  persons  designated  in  Article  II  of  the  Convention 
shall,  after  the  occupation  by  the  enemy,  continue  to  fulfill  their  duties, 
according  to  their  wants,  to  the  sick  and  wounded  in  the  ambulance  or 
the  hospital  which  they  serve.  When  they  request  to  withdraw,  the  com- 
mander of  the  occupying  troops  shall  fix  the  time  of  departure,  which 
he  shall  only  be  allowed  to  delay  for  a  short  time  in  case  of  military 
necessity. 

Art.  II.  Arrangements  will  have  to  be  made  by  the  belligerent  powers 
to  ensure  to  the  neutralized  persons,  fallen  into  the  hands  of  the  army 
of  the  enemy,  the  entire  enjoyment  of  his  salary. 

Art.  III.  Under  the  conditions  provided  for  in  Articles  I  and  IV  of 
the  Convention,  the  name  "ambulance"  applies  to  field  hospitals  and  other 
temporary  establishments,  which  follow  the  troops  on  the  field  of  battle 
to  receive  the  sick  and  wounded. 

Art.  IV.  In  conformity  with  the  spirit  of  Article  V  of  the  Conven- 
tion, and  to  the  reservations  contained  in  the  protocol  of  1864,  it  is  ex- 
plained that  for  the  appointment  of  the  charges  relative  to  the  quartering 
of  troops,  and  of  the  contributions  of  war,  account  only  shall  be  taken 
in  an  equitable  manner  of  the  charitable  zeal  displayed  by  the  inhaibtants. 

Art.  V.  In  addition  to  Article  VI  of  the  Convention,  it  is  stipulated 
that,  with  the  reservation  of  officers  whose  detention  might  be  important 
to  the  fate  of  arms  and  within  the  limits  fixed  by  the  second  paragraph 
of  that  article,  the  wounded  fallen  into  the  hands  of  the  enemy  shall  be 


GENERAL  WELFARE  CONVENTIONS          97 

sent  back  to  their  country,  after  they  are  cured,  or  sooner  if  possible,  on 
condition,  nevertheless,  of  not  again  bearing  arms  during  the  continuance 
of  the  war. 

Art.  VI.  The  boats  which,  at  their  own  risk  and  peril,  during  and 
after  an  engagement  pick  up  the  shipwrecked  or  wounded,  or  which  hav- 
ing picked  them  up,  convey  them  on  board  a  neutral  or  hospital  ship, 
shall  enjoy,  until  the  accomplishment  of  their  mission,  the  character  of 
neutrality,  as  far  as  the  circumstances  of  the  engagement  and  the  posi- 
tion of  the  ships  engaged  will  permit. 

The  appreciation  of  these  circumstances  is  entrusted  to  the  humanity 
of  all  the  combatants.  The  wrecked  and  wounded  thus  picked  up  and 
saved  must  not  serve  again  during  the  continuance  of  the  war. 

Art.  VII.  The  religious,  medical  and  hospital  staff  of  any  captured 
vessel  are  declared  neutral,  and,  on  leaving  the  ship,  may  remove  the 
articles  and  surgical  instruments  which  are  their  private  property. 

Art.  VIII.  The  staff  designated  in  the  preceding  article  must  continue 
to  fulfill  their  functions  in  the  captured  ship,  assisting  in  the  removal 
of  the  wounded  made  by  the  victorious  party;  they  will  then  be  at  liberty 
to  return  to  their  country,  in  conformity  with  the  second  paragraph  of 
the  first  additional  article. 

The  stipulations  of  the  second  additional  article  are  applicable  to  the 
pay  and  allowance  of  the  staff. 

Art.  IX.  The  military  hospital  ships  remain  under  martial  law  in  all 
that  concerns  their  stores ;  they  become  the  property  of  the  captor,  but 
the  latter  must  not  divert  them  from  their  special  appropriation  during 
the  continuance  of  the  war. 

The  vessels  not  equipped  for  fighting,  which,  during  peace,  the  gov- 
ernment shall  have  officially  declared  to  be  intended  to  serve  as  floating 
hospital  ships,  shall,  however,  enjoy  during  the  war  complete  neutrality, 
both  as  regards  stores,  and  also  as  regards  their  staff,  provided  their 
equipment  is  exclusively  appropriated  to  the  special  service  on  which  they 
are  employed. 

Art.  X.  Any  merchantman,  to  whatever  nation  she  may  belong,  charged 
exclusively  with  removal  of  sick  and  wounded,  is  protected  by  neutrality, 
but  the  mere  fact,  noted  on  the  ship's  books,  of  the  vessel  having  been 
visited  by  an  enemy's  cruiser,  renders  the  sick  and  wounded  incapable  of 
serving  during  the  continuance  of  the  war.  The  cruiser  shall  even  have 
the  right  of  putting  on  board  an  officer  in  order  to  accompany  the  convoy, 
and  thus  verify  the  good  faith  of  the  operation. 

If  the  merchant  ship  also  carries  a  cargo,  her  neutrality  will  still  pro- 
tect it,  provided  that  such  cargo  is  not  of  a  nature  to  be  confiscated  by 
the  belligerents. 

The  belligerents  retain  the  right  to  interdict  neutralized  vessels  from 
all  communication,  and  from  any  course  which  they  may  deem  prejudical 


98  INTERNATIONAL  RELATIONS 

to  the  secrecy  of  their  operations.  In  urgent  cases  special  conventions 
may  be  entered  into  between  commanders-in-chief,  in  order  to  neutralize 
temporarily  and  in  a  special  manner  the  vessels  intended  for  the  removal 
of  the  sick  and  wounded. 

Art.  XI.  Wounded  or  sick  sailors  and  soldiers,  when  embarked,  to 
whatever  nation  they  may  belong,  shall  be  protected  and  taken  care  of  by 
their  captors. 

Their  return  to  their  own  country  is  subject  to  the  provisions  of 
Article  VI  of  the  Convention,  and  of  the  additional  Article  V. 

Art.  XII.  The  distinctive  flag  to  be  used  with  the  national  flag,  in 
order  to  indicate  any  vessel  or  boat  which  may  claim  the  benefits  of 
neutrality,  in  virtue  of  the  principles  of  this  Convention  is  a  white  flag 
with  a  red  cross.  The  belligerents  may  exercise  in  this  respect  any  mode 
of  verification  which  they  may  deem  necessary. 

Military  hospital  ships  shall  be  distinguished  by  being  painted  white 
outside  with  green  strake. 

Art.  XIII.  The  hospital  ships  which  are  equipped  at  the  expense  of 
the  aid  societies,  recognized  by  the  governments  signing  this  Convention, 
and  which  are  furnished  with  a  commission  emanating  from  the  sover- 
eign, who  shall  have  given  express  authority  for  their  being  fitted  out, 
and  with  a  certificate  from  the  proper  naval  authority  that  they  have 
been  placed  under  his  control  during  their  fitting  out  and  on  their  final 
departure,  and  that  they  were  then  appropriated  solely  for  the  purpose 
of  their  mission,  shall  be  considered  neutral,  as  well  as  the  whole  of 
their  staff.  They  shall  be  recognized  and  protected  by  the  belligerents. 

They  shall  make  themselves  known  by  hoisting,  together  with  their 
national  flag,  the  white  flag  with  a  red  cross.  The  distinctive  mark  of 
their  staff,  while  performing  their  duties,  shall  be  an  armlet  of  the  same 
colors.  The  outer  painting  of  these  hospital  ships  shall  be  white,  with 
red  strake. 

These  ships  shall  bear  aid  and  assistance  to  the  wounded  and  wrecked 
belligerents,  without  distinction  of  nationality. 

They  must  take  care  not  to  interfere  in  any  way  with  the  movements 
of  the  combatants.  During  and  after  the  battle  they  must  do  their  duty 
at  their  own  risk  and  peril. 

The  belligerents  shall  have  the  right  of  controlling  and  visiting  them ; 
they  will  be  at  liberty  to  refuse  their  assistance,  to  order  them  to  depart, 
and  to  detain  them  if  the  exigencies  of  the  case  require  such  a  step. 

The  wounded  and  wrecked  picked  up  by  these  ships  cannot  be  reclaimed 
by  either  of  the  combatants,  and  they  will  be  required  not  to  serve  dur- 
ing the  continuance  of  the  war. 

Art.  XIV.  In  naval  wars  any  strong  presumption  that  either  belliger- 
ent takes  advantage  of  the  benefits  of  neutrality,  with  any  other  view  than 
the  interest  of  the  sick  and  wounded,  gives  the  other  belligerent,  until 


GENERAL  WELFARE  CONVENTIONS  99 

proof  to  the  contrary,  the  right  of  suspending  the  Convention,  as  regards 
such  belligerent. 

Should  this  presumption  become  a  certainty,  notice  may  be  given  to 
such  belligerent  that  the  Convention  is  suspended  with  regard  to  him 
during  the  whole  continuance  of  the  war. 

Art.  XV.  The  present  act  shall  be  drawn  up  in  a  single  original  copy, 
which  shall  be  deposited  in  the  Archives  of  the  Swiss  Confederation. 

An  authentic  copy  of  this  Act  shall  be  delivered,  with  an  invitation  to 
adhere  to  it,  to  each  of  the  signatory  Powers  of  the  Convention  of  the 
22d  of  August,  1864,  as  well  as  to  those  that  have  successively  acceded  to 
it.2 

The  metric  system  of  weights  and  measures  was  first  pro- 
posed in  the  French  National  Assembly  in  March,  1791,  and 
was  definitely  adopted  in  1799,  but  it  was  not  given  its  final 
form  until  1840.  It  is  a  decimal  system  based  on  a  meter  as 
the  fundamental  unit  of  measurement.  This  unit  of  length  is 
one  ten-millionth  part  of  the  earth's  meridian  quadrant  through 
Paris.  All  other  measurements  of  distance  are  expressed  in 
decimal  multiples  or  fractions  of  the  meter.  The  unit  measure 
of  capacity  is  the  liter  which  is  a  cube  of  one-tenth  of  a  meter. 
The  unit  of  weight  is  the  gramme  which  is  one-thousandth  of 
a  liter  of  water  at  the  temperature  of  4°  C.  In  this  manner 
the  whole  system  of  weights  and  measures  is  based  on  the 
meter,  which  is  established  from  the  quadrant  of  the  earth. 
The  standards  actually  in  use  are  very  close  approximations 
to  those  above  indicated.  All  quantities  and  measurements 
being  expressed  in  a  decimal  system  of  notation,  the  metric 
system  has  very  naturally  become  the  one  used  in  all  scientific 
computations.  It  is  also  the  system  in  general  use  in  trade  in 
continental  Europe  and  in  South  America.  While  the  size  of 
the  earth  affords  a  permanent  standard  of  measurement,  it  is 
one  that  can  only  be  used  by  men  having  sufficient  scientific 
knowledge  and  adequate  facilities  for  ascertaining  what  it  is. 
For  the  use  of  the  multitude  definite,  comprehensible  and  ac- 
cessible standards  are  necessary.  In  order  that  such  standards 
should  be  accepted  in  all  countries  an  international  agreement 
was  necessary  and  a  conference  of  plenipotentiaries  of  the 
leading  countries  to  agree  on  a  convention  on  the  subject  was 

-  Senate  Documents,  2d  Session,  61   Congress,  48-1907. 


ioo  INTERNATIONAL  RELATIONS 

held  at  Paris  in  1875.     The  following  is  the  text  of  the  con- 
vention and  attached  regulations : 

INTERNATIONAL  BUREAU  OF  WEIGHTS  AND  MEASURES 

Article  I.  The  high  contracting  parties  engage  to  establish  and  main- 
tain, at  their  common  expense,  a  scientific  and  permanent  international 
bureau  of  weights  and  measures,  the  location  of  which  shall  be  at  Paris. 

Art.  2.  The  French  Government  shall  take  all  the  necessary  measures 
to  facilitate  the  purchase,  or,  if  expedient,  the  construction,  of  a  building 
which  shall  be  especially  devoted  to  this  purpose,  subject  to  the  conditions 
stated  in  the  regulations  which  are  subjoined  to  this  convention. 

Art.  3.  The  operation  of  the  international  bureau  shall  be  under  the 
exclusive  direction  and  supervision  of  an  international  committee  of 
weights  and  measures,  which  latter  shall  be  under  the  control  of  a  gen- 
eral conference  for  weights  and  measures,  to  be  composed  of  delegates 
of  all  the  contracting  governments. 

Art.  4.  The  general  conference  for  weights  and  measures  shall  be 
presided  over  by  the  president  for  the  time  being  of  the  Paris  Academy  of 
Science. 

Art.  5.  The  organization  of  the  bureau,  as  well  as  the  formation  and 
the  powers  of  the  international  committee,  and  of  the  general  conference 
for  weights  and  measures,  are  established  by  the  regulations  subjoined  to 
this  convention. 

Art.  6.  The  international  bureau  of  weights  and  measures  shall  be 
charged  with  the  following  duties : 

1st.  All  comparisons  and  verifications  of  the  new  prototypes  of  the 
meter  and  kilogram. 

2d.  The  custody  of  the  international  prototypes. 

3rd.  The  periodical  comparison  of  the  national  standards  with  the  in- 
ternational prototypes  and  with  their  test  copies,  as  well  as  comparison 
of  the  standard  thermometers. 

4th.  The  comparison  of  the  prototypes  with  the  fundamental  standards 
of  the  non-metrical  weights  and  measures  used  in  different  countries  for 
scientific  purposes. 

5th.  The  sealing  and  comparison  of  geodesic  measuring-bars. 

6th.  The  comparison  of  standards  and  scales  of  precision,  the  verifi- 
cation of  which  may  be  requested  by  governments  or  by  scientific  so- 
cieties, or  even  by  constructors  or  men  of  science. 

Art.  7.  The  persons  composing  the  bureau  shall  be  a  director,  two 
assistants,  and  the  necessary  number  of  employes.  When  the  compari- 
sons of  the  new  prototypes  shall  have  been  finished,  and  when  these  proto- 
types shall  have  been  distributed  among  the  different  states,  the  number 
of  persons  composing  the  bureau  shall  be  reduced  so  far  as  may  be  deemed 
expedient. 


GENERAL  WELFARE  CONVENTIONS  101 

The  governments  of  the  high  contracting  parties  will  be  informed  by 
the  international  committee  of  the  appointment  of  the  persons  compos- 
ing this  bureau. 

Art.  8.  The  international  prototypes  of  the  meter  and  of  the  kilogram, 
together  with  the  test  copies  of  the  same,  shall  be  deposited  in  the  bu- 
reau, and  access  to  them  shall  be  allowed  to  the  international  commit- 
tee only. 

Art.  9.  The  entire  expense  of  the  construction  and  outfit  of  the  inter- 
national bureau  of  weights  and  measures,  together  with  the  annual  cost 
of  its  maintenance  and  the  expenses  of  the  committee,  shall  be  defrayed 
by  contributions  from  the  contracting  states,  the  amount  of  which  shall 
be  computed  in  proportion  to  the  actual  population  of  each. 

Art.  10.  The  amounts  representing  the  contributions  of  each  of  the 
contracting  states  shall  be  paid  art:  the  beginning  of  each  year,  through 
the  ministry  of  foreign  affairs  of  France,  into  the  Caisse  de  depots  et 
consignations  at  Paris,  whence  they  may  be  drawn  as  occasion  may  re- 
quire, upon  the  order  of  the  director  of  the  bureau. 

Art.  ir.  Those  governments  which  may  take  advantage  of  the  privi- 
lege, open  to  every  state,  of  acceding  to  this  convention,  shall  be  re- 
quired to  pay  a  contribution,  the  amount  of  which  shall  be  fixed  by  the 
committee  on  the  basis  established  in  article  9,  and  which  shall  be  devoted 
to  the  improvement  of  the  scientific  apparatus  of  the  bureau. 

Art.  12.  The  high  contracting  parties  reserve  to  themselves  the  power 
of  introducing  into  the  present  convention,  by  common  consent,  any  modi- 
fications the  propriety  of  which  may  have  been  shown  by  experience. 

Art.  13.  At  the  expiration  of  twelve  years  this  convention  may  be 
abrogated  by  any  one  of  the  high  contracting  parties,  so  far  as  it  is 
concerned. 

Any  government  which  may  avail  itself  of  the  right  of  terminating 
this  convention,  so  far  as  it  is  concerned,  shall  be  required  to  give  notice 
of  its  intentions  one  year  in  advance,  and  by  so  doing  shall  renounce  all 
rights  of  joint  ownership  in  the  international  prototypes  and  in  the  bureau. 

Art.  14.  This  convention  shall  be  ratified  according  to  the  constitu- 
tional laws  of  each  state,  and  the  ratifications  shall  be  exchanged  in 
Paris  within  six  months,  or  sooner,  if  possible. 

It  shall  take  effect  on  the  first  day  of  January,  1876. 

In  testimony  whereof  the  respective  plenipotentiaries  have  attached 
their  signatures  and  have  hereunto  affixed  their  seals  of  arms. 

Done  at  Paris,  May  20,  i875.3 

REGULATIONS 

Article  i.  The  international  bureau  of  weights  and  measures  shall  be 
established  in  a  special  building,  possessing  all  the  necessary  safeguards 
of  stillness  and  stability. 

3  Senate  Documents,  2d  Session  6ist  Congress,  48,  1924  to  1935. 


102  INTERNATIONAL  RELATIONS 

It  shall  comprise,  in  addition  to  the  vault,  which  shall  be  devoted  to  the 
safe-keeping  of  the  prototypes,  rooms  for  mounting  the  comparators  and 
balances ;  a  laboratory,  a  library,  a  room  for  the  archives,  work-rooms 
for  the  employes,  and  lodgings  for  the  watchmen  and  attendants. 

Art.  2.  It  shall  be  the  duty  of  the  international  committee  to  acquire 
and  fit  up  the  aforesaid  building  and  to  set  in  operation  the  work  for 
which  it  was  designed. 

In  case  of  the  committee's  inability  to  obtain  a  suitable  building,  one 
shall  be  built  under  its  directions  and  in  accordance  with  its  plans. 

Art.  3.  The  French  'Government  shall,  at  the  request  of  the  interna- 
tional committee,  take  the  necessary  measures  to  cause  the  bureau  to  be 
recognized  as  an  establishment  of  public  utility. 

Art.  4.  The  international  committee  shall  cause  the  necessary  instru- 
ments to  be  constructed,  such  as  comparators  of  the  standards  of  line  and 
end  measures,  apparatus  for  the  determination  of  absolute  dilations,  bal- 
ances for  weighing  in  air  and  in  vacuo,  comparators  for  geodetic  measur- 
ing-bars, &c. 

Art.  5.  The  entire  expense  incurred  in  the  purchase  or  construction 
of  the  building,  and  in  the  purchase  and  placing  of  the  instruments  and 
apparatus,  shall  not  exceed  400,000  francs. 

Art.  6.    The  estimate  of  annual  expenditures  is  as  follows : 

(a)     Salary  of  the  director 15,000  fr. 

of  two  adjuncts,   at  3,000   fr.   each 12,000 

"        of   four  assistants,  at  3,000  fr.  each 12,000 

Pay    of    door-keeper,    (mechanic) 3,ooo 

Wages  of  two  office-boys,  at  1,500  fr.  each 3,000 


Total    for    salaries 45,ooo 

(b)  Compensation    of    men    of    science    and    artists    who,    by 

direction  of  the  committee,  may  be  employed  to  per- 
form special  duties,  keeping  the  building  in  proper  or- 
der, purchase  and  repair  of  apparatus,  fuel,  light,  and 
office-expenses 24,000 

(c)  Compensation  of  the  secretary  of  the  international  com- 

mittee  of   weights   and   measures 6,000 


Total    75,ooo 

The  annual  budget  of  the  bureau  may  be  modified  by  the  international 
committee  as  necessity  may  require  at  the  suggestion  of  the  director,  but 
it  shall  in  no  case  exceed  the  sum  of  100,000  francs. 

The  contracting  governments  shall  be  notified  of  any  modifications  that 
the  committee  may  think  proper  to  make  within  these  limits,  iu  the  an- 
nual budget  fixed  by  the  present  regulations. 


GENERAL  WELFARE  CONVENTIONS  103 

The   committee   may  authorize   the   director,    at   his    request,    to   make 
transfers  from  one  subdivision  of  the  allotted  budget  to  another. 
B.  For  the  period  subsequent  to  the  distribution  of  the  prototypes: 

(a)     Salary   of   the   director 15,000  fr. 

"        of  one  adjunct 6,000 

Pay  of  a  door-keeper,    (mechanic) 3,ooo 

Wages  of   an  office-boy 1,5°° 


(b)  Office-expenses  18,500 

(c)  Compensation  of  secretary,  international  committee 6,000 

Total 50,000 

Art  7.  The  general  conference  mentioned  in  article  3  of  the  conven- 
tion shall  be  at  Paris,  upon  the  summons  of  the  international  committee, 
at  least  once  every  six  years. 

It  shall  be  its  duty  to  discuss  and  initiate  measures  necessary  for  the 
dissemination  and  improvement  of  the  metrical  system,  and  to  pass  upon 
such  fundamental  metrological  determinations  as  may  have  been  made 
during  the  time  when  it  was  not  in  session.  It  shall  receive  the  report 
of  the  international  committee  concerning  the  work  that  has  been  ac- 
complished, and  shall  replace  one  half  of  the  international  committee  by 
secret  ballot. 

The  voting  in  the  general  conference  shall  be  by  states;  each  state 
shall  be  entitled  to  one  vote. 

Each  of  the  members  of  the  international  committee  shall  be  entitled 
to  a  seat  at  the  meetings  of  the  conference.  They  may  at  the  same  time 
be  delegates  of  their  governments. 

Art.  8.  The  international  committee  mentioned  in  article  3  of  the  con- 
vention shall  be  composed  of  fourteen  members,  who  shall  belong  to 
different  states. 

It  shall  consist,  at  first,  of  the  twelve  members  of  the  former  perma- 
nent committee  of  the  international  commission  of  1872,  and  of  the  two 
delegates,  who,  at  the  time  of  the  appointment  of  that  permanent  com- 
mittee, received  the  largest  number  of  votes  nexl  to  the  members  who 
were  elected. 

At  the  time  of  the  renewal  of  one-half  of  the  international  committee, 
the  retiring  members  shall  be,  first,  those  who,  in  cases  of  vacancy,  may 
have  been  elected  provisionally  during  the  interval  occurring  between  two 
sessions  of  the  conference.  The  others  shall  be  designated  by  lot. 

The  retiring  members  shall  be  re-eligible. 

Art.  9.  The  international  committee  shall  direct  the  work  connected 
with  the  verification  of  the  new  prototypes,  and,  in  general,  all  the  metro- 
logical labors,  as  the  high  contracting  parties  may  decide  to  have  per- 


104  INTERNATIONAL  RELATIONS 

formed  at  the  common  expense.  It  shall,  moreover,  exercise  supervision 
over  the  safe-keeping  of  the  international  prototypes. 

Art.  10.  The  international  committee  shall  choose  its  chairman  and 
secretary  by  secret  ballot.  The  governments  of  the  high  contracting 
parties  shall  be  notified  of  the  result  of  such  elections. 

The  chairman  and  secretary  of  the  committee,  and  the  director  of  the 
bureau,  must  belong  to  different  countries. 

After  having  been  formed,  the  committee  shall  hold  no  new  elections 
and  make  no  new  appointments  until  three  months  after  notice  thereof 
shall  have  been  given  to  all  the  members  by  the  bureau  of  the  committee. 

Art.  II.  Until  the  new  prototypes  shall  have  been  finished  and  dis- 
tributed, the  committee  shall  meet  at  least  once  a  year.  After  that  time 
its  meetings  shall  be  held  at  least  biennially. 

Art.  12.  Questions  upon  which  a  vote  is  taken  in  the  committee  shall 
be  decided  by  a  majority  of  the  votes  cast.  In  case  of  a  tie,  the  vote 
of  the  chairman  shall  decide.  No  resolution  shall  be  considered  to  have 
been  duly  adopted  unless  the  number  of  members  present  be  at  least 
equal  to  a  majority  of  the  members  composing  the  committee. 

This  condition  being  fulfilled,  absent  members  shall  have  the  right  to 
authorize  members  who  are  present  to  vote  for  them,  and  the  members 
thus  authorized  shall  furnish  proper  evidence  of  their  authorization.  The 
same  shall  be  the  case  in  elections  by  secret  ballot. 

Art.  13.  During  the  interval  occurring  between  two  sessions,  the  com- 
mittee shall  have  the  right  to  discuss  questions  by  correspondence. 

In  such  cases,  in  order  that  its  resolutions  may  be  considered  to  have 
been  adopted  in  due  form,  it  shall  be  necessary  for  all  the  members  of 
the  committee  to  have  been  called  upon  to  express  their  opinions. 

Art.  14.  The  international  committee  for  weights  and  measures  shall 
provisionally  fill  such  vacancies  as  may  occur  in  it;  these  elections  shall 
take  place  by  correspondence,  each  of  the  members  being  called  upon  to 
take  part  therein. 

Art.  15.  The  international  committee  shall  prepare  detailed  regula- 
tions for  the  organization  and  the  labors  of  the  bureau,  and  shall  fix  the 
amounts  to  be  paid  for  the  performance  of  the  extraordinary  duties  pro- 
vided for  in  article  6  of  this  convention. 

Such  amounts  shall  be  applied  to  the  improvement  of  the  scientific  ap- 
paratus of  the  bureau. 

Art.  16.  All  communications  from  the  international  committee  to  the 
governments  of  the  high  contracting  parties  shall  take  place  through  the 
diplomatic  representatives  of  such  countries  at  Paris. 

For  all  matters  requiring  the  attention  of  the  French  authorities,  the 
committee  shall  have  recourse  to  the  ministry  of  foreign  affairs  of  France. 

Art.  17.  The  director  of  the  bureau  and  the  adjuncts  shall  be  chosen 
by  the  international  committee  by  secret  ballot. 


GENERAL  WELFARE  CONVENTIONS  105 

The  employees  shall  be  appointed  by  the  director. 
The  director  shall  have  a  right  to  take  part  in  the  deliberations  of 
the  committee. 

Art.  18.  The  director  of  the  bureau  shall  have  access  to  the  place  of 
deposit  of  the  international  prototypes  of  the  meter  and  the  kilogram 
only  in  pursuance  of  a  resolution  of  the  committee  and  in  the  presence 
of  two  of  its  members. 

The  place  of  deposit  of  the  prototypes  shall  be  opened  only  by  means 
of  three  keys,  one  of  which  shall  be  in  possession  of  the  director  of  the 
archives  of  France,  the  second  in  that  of  the  chairman  of  the  commit- 
tee, and  the  third  in  that  of  the  director  of  the  bureau. 

The  standards  of  the  class  of  national  prototypes  alone  shall  be  used 
for  the  ordinary  comparing  work  of  the  bureau. 

Art.  19.  The  director  of  the  bureau  shall  annually  furnish  to  the  com- 
mittee: ist.  A  financial  report  concerning  the  accounts  of  the  preceding 
year,  which  shall  be  examined,  and,  if  found  correct,  a  certificate  to  that 
effect  shall  be  given  him ;  2d.  A  report  on  the  condition  of  the  apparatus ; 
3d.  A  general  report  concerning  the  work  accomplished  during  the  course 
of  the  year  just  closed. 

The  international  committee  shall  make  to  each  of  the  governments  of 
the  high  contracting  parties  an  annual  report  concerning  all  its  scientific, 
technical,  and  administrative  operations,  and  concerning  those  of  the 
bureau.  The  chairman  of  the  committee  shall  make  a  report  to  the 
general  conference  concerning  the  work  that  has  been  accomplished  since 
its  last  session. 

The  reports  and  publications  of  the  committee  shall  be  in  the  French 
language.  They  shall  be  printed  and  furnished  to  the  governments  of 
the  high  contracting  parties. 

Art.  20.  The  contributions  referred  to  in  article  9  of  the  convention 
shall  be  paid  according  to  the  following  scale : 

The  number  representing  the  population,  expressed  in  millions,  shall  be 
multiplied  by  the  coefficient  three  for  states  in  which  the  use  of  the  metri- 
cal system  is  obligatory; 

by  the  coefficient  of  two  for  those  in  which  it  is  optional; 
by  the  coefficient  one  for  other  states. 

The  sum  of  the  products  thus  obtained  will  furnish  the  number  of 
units  by  which  the  total  expense  is  to  be  divided.  The  quotient  will  give 
the  amount  of  the  unit  of  expense. 

Art.  21.  The  expense  of  constructing  the  international  prototypes,  and 
the  standards  and  test  copies  which  are  to  accompany  them,  shall  be  de- 
frayed by  the  high  contracting  parties  in  accordance  with  the  scale  fixed 
in  the  foregoing  article. 

The  amounts  to  be  paid  for  the  comparison  and  verification  of  stand- 
ards required  by  states  not  represented  at  this  convention  shall  be  regu- 


106  INTERNATIONAL  RELATIONS 

lated  by  the  committee  in  conformity  with  the  rates  fixed  in  virtue  of 
article  15  of  the  regulations. 

Art.  22.    These  regulations  shall  have  the  same  force  and  value  as  the 
convention  to  which  they  are  annexed. 

(Signatures).4 

The  parties  to  the  foregoing  convention  are  the  United 
States,  Germany,  Austria-Hungary,  Belgium,  Brazil,  Argen- 
tine Confederation,  Denmark,  Spain,  France,  Italy,  Peru, 
Portugal,  Russia,  Sweden  and  Norway,  Switzerland,  Turkey, 
and  Venezuela.  It  will  be  observed  that  all  of  the  principal 
nations  of  Europe,  except  Great  Britain,  joined  it  and  also  the 
leading  nations  of  North  and  South  America.  Neither  of  the 
strictly  Asiatic  nations  is  a  party  to  it.  Dealing  with  a  single 
subject  on  which  uniformity  among  all  the  nations  is  desirable, 
it  was  a  pioneer  in  the  establishment  of  international  law  by 
a  conference  of  plenipotentiaries  appointed  for  the  sole  pur- 
pose of  providing  permanent  standards  of  weights  and  meas- 
ures by  which  the  standards  in  use  in  the  different  countries 
might  be  tested.  The  international  bureau  established  at  Paris 
pursuant  to  this  convention  appears  to  be  a  permanent  institu- 
tion affording  uniform  standards  for  all  countries  desiring  to 
make  use  of  the  metric  system.  It  exercises  an  international 
governmental  function  under  a  written  fundamental  law  de- 
fining its  powers  and  duties.  It  appears  to  be  the  first  inter- 
national bureau  ever  established  by  a  large  number  of  nations 
with  continuing  powers  and  designed  to  be  permanent.  It 
follows  the  democratic  plan  of  deciding  questions  by  a  ma- 
jority vote,  each  country  having  but  one  vote,  whether  great 
or  small.  It  is  supported  by  contributions  from  all  the  states 
which  have  joined  in  its  organization  and  is  open  to  all  other 
nations  which  desire  to  become  parties  to  the  convention,  who 
are  permitted  to  join  on  exactly  the  same  basis  as  the  original 
parties.  This  most  just  and  enlightened  method  of  bringing 
about  general  agreements  among  all  the  nations  with  reference 
to  matters  of  general  concern  has  since  been  followed  in  most 
of  the  great  international  conventions. 

On  March  20,  1883,  a  Convention  for  International  Protec- 
4  Senate  Documents,  2d  Session,  6ist  Congress,  48,  1924  to  1935. 


GENERAL  WELFARE  CONVENTIONS  107 

tion  of  Industrial  Property  was  concluded  at  Paris  by  repre- 
sentatives of  Belgium,  Brazil,  Spain,  France,  Guatemala, 
Italy,  The  Netherlands,  Portugal,  Salvador,  Servia  and  Swit- 
zerland, which  was  adhered  to  and  proclaimed  by  the  United 
States  on  June  n,  1887.  The  main  purpose  of  this  Conven- 
tion is  expressed  in  the  second  article  as  follows: 

"Article  II.  The  subjects  or  citizens  of  each  of  the  con- 
tracting States  shall  enjoy,  in  all  the  other  states  of  the  Union, 
so  far  as  concerns  patents  for  inventions,  trade  or  commer- 
cial marks,  and  the  commercial  name,  the  advantages  that  the 
respective  laws  thereof  at  present  accord,  or  shall  afterwards 
accord  to  subjects  or  citizens.  In  consequence  they  shall  have 
the  same  protection  as  the  latter,  and  the  same  legal  recourse 
against  all  infringements  of  their  rights,  under  reserve  of 
complying  with  the  formalities  and  conditions  imposed  upon 
subjects  or  citizens  by  the  democratic  legislation  of  each 
State." 

The  first  article  provides  that  the  States  named  "have  con- 
stituted themselves  into  a  state  of  Union  for  the  protection 
of  Industrial  Property,"  and  in  the  sixteenth  article  it  is  pro- 
vided that :  "The  States  that  have  not  taken  part  in  the  present 
convention  shall  be  admitted  to  adhere  to  the  same  upon  their 
application.  This  adhesion  shall  be  notified  through  the  diplo- 
matic channel  to  the  Government  of  the  Swiss  Confederation 
and  by  the  latter  to  all  the  others.  It  shall  convey  of  full  right, 
accession  to  all  the  clauses  and  admission  to  all  the  advantages 
stipulated  by  the  present  convention.5  Subsequent  conventions 
relating  to  the  same  subject  were  entered  into  at  Madrid  on 
April  15,  1891,°  and  at  Brussels  on  December  14,  igoo.7  Fif- 
teen nations  participated  in  framing  the  Convention  of  Brus- 
sels, which  modifies  the  prior  ones  in  some  particulars  but  in 
the  direction  of  more  extended  and  better  application  of  its 
provisions  to  effectuate  its  main  purposes.  Very  many  sepa- 
rate treaties  had  been  entered  into  concerning  the  subjects  of 
trademarks  and  patents  and  the  evident  advantages  of  a  uni- 

5  Senate  Documents,  2d  Session,  6ist  Congress,  48-1935. 
GId.  1943- 
7  Id.  1945- 


io8  INTERNATIONAL  RELATIONS 

form  act  covering  the  subject  as  between  all  the  nations  in- 
duced the  making  of  these  conventions.8 

On  March  14,  1884,  a  Convention  for  the  Protection  of 
Submarine  Cables  was  entered  into  at  Paris  by  twenty-seven 
Nations  including  most  of  the  leading  ones  with  a  provision 
for  the  adhesion  of  the  others.  The  purpose  of  it  was  to  per- 
mit the  laying  of  Cables  across  the  Oceans  over  which  neither 
of  the  nations  had  sovereignty  by  securing  the  joint  consent 
of  all  of  them,  and  to  provide  for  their  protection  after  lay- 
ing.9 Subsequent  agreements  and  protocols  with  reference  to 
it  were  entered  into  on  December  i,  i886;10  May  21,  I886;11 
and  July  7,  iSSy.12  In  order  to  confer  the  right  to  lay  and 
maintain  these  cables  international  legislation  was  necessary, 
because  so  much  of  a  cable  as  was  not  within  a  marine  league 
of  the  shore  was  beyond  the  jurisdiction  of  any  nation. 

When  the  first  cables  were  laid  there  seems  to  have  been 
little  if  any  consideration  given  to  the  broad  international 
aspect  of  the  right  to  lay  and  maintain  a  cable  on  the  bed  of 
the  ocean.  The  promoters  of  the  first  cable  lines  appear  to 
have  been  satisfied  with  the  permission  of  the  governments  of 
the  countries  owning  the  shores  to  land  their  cables.  The 
first  submarine  cable  that  was  successfully  established  was 
from  Dover  to  Ostend,  November  I,  1852.  After  several  un- 
niccessful  attempts  to  connect  Europe  and  America  by  a  cable 
across  the  Atlantic,  communication  was  established  in  1858 
and  messages  of  congratulation  were  exchanged  between 
Queen  Victoria  and  President  Buchanan,  but  the  line  ceased 
to  work  in  a  few  weeks.  On  July  27,  1866,  permanent  com- 
munication by  cable  was  established,  and  President  Johnson  in 
his  annual  message  to  Congress  said — "The  entire  success  of 
the  Atlantic  telegraph  between  the  coast  of  Ireland  and  the 
Province  of  Newfoundland  is  an  achievement  which  has  been 

8  All  these  conventions  relating  to  industrial  property  have  been  super- 
seded by  that  of  June  2,  1911,  which  is  copied  below  in  full. 

9  Id.  1949. 

10  Id.  1956. 

11  Id.  1957. 

12  Id.  1858. 


GENERAL  WELFARE  CONVENTIONS  109 

justly  celebrated  in  both  hemispheres  as  the  opening  of  an  era 
in  the  progress  of  civilization."1  A  French  cable  was  landed 
in  July,  1869,  from  Havre  to  Canso,  and  a  cable  from  Ireland 
to  Rye,  New  Hampshire,  was  completed  in  1875.  It  having 
been  fully  demonstrated  that  communication  by  cable  laid  un- 
der the  ocean  was  not  merely  practicable  but  commercially 
profitable  other  projects  were  started.  This  led  to  a  consider- 
ation of  questions  as  to  the  value  of  a  franchise  which  merely 
allowed  the  landing  of  a  cable  by  the  governments  controlling 
the  termini  but  having  no  more  right  to  the  bed  of  the  sea 
than  any  other  government.  A  valid  franchise  to  maintain  an 
ocean  cable  required  the  consent  of  all  the  nations.  To  meet 
this  situation  an  international  conference  was  called  and  the 
following  convention  was  signed  by  plenipotentiaries  of  the 
United  States,  Germany,  the  Argentine  Confederation,  Aus- 
tria-Hungary, Belgium,  Brazil,  Costa  Rica,  Denmark,  the 
Dominican  Republic,  Spain,  Colombia,  France,  Great  Britain, 
Guatemala,  Greece,  Italy,  Turkey,  the  Netherlands,  Luxem- 
burg, Persia,  Portugal,  Roumania,  Russia,  Salvador,  Servia, 
Sweden  and  Norway,  and  Uruguay. 

CONVENTION  FOR  THE  PROTECTION  OF  SUBMARINE  CABLES 

Article  I.  The  present  Convention  shall  be  applicable,  outside  of  the 
territorial  waters,  to  all  legally  established  submarine  cables  landed  in  the 
territories,  colonies  or  possessions  of  one  or  more  of  the  High  Contract- 
ing Parties. 

Art.  II.  The  breaking  or  injury  of  a  submarine  cable,  done  wilfully 
or  through  culpable  negligence,  and  resulting  in  the  total  or  partial  in- 
terruption or  embarrassment  of  telegraphic  communication,  shall  be  a 
punishable  offense,  but  the  punishment  inflicted  shall  be  no  bar  to  a  civil 
action  for  damages. 

This  provision  shall  not  apply  to  ruptures  or  injuries  when  the  parties 
guilty  thereof  have  become  so  simply  with  the  legitimate  object  of  sav- 
ing their  lives  or  their  vessels,  after  having  taken  all  necessary  precau- 
tions to  avoid  such  ruptures  or  injuries. 

Art.  III.  The  High  Contracting  Parties  agree  to  insist,  as  far  as  pos- 
sible, when  they  shall  authorize  the  landing  of  a  submarine  cable,  upon 
suitable  conditions  of  safety,  both  as  regards  the  track  of  the  cable  and 
its  dimensions. 

13  Messages  and  Papers  of  the  Presidents,  V.  3652. 


no  INTERNATIONAL  RELATIONS 

Act.  IV.  The  owner  of  a  cable  who,  by  the  laying  or  repairing  of  that 
cable,  shall  cause  the  breaking  or  injury  of  another  cable,  shall  be  required 
to  pay  the  cost  of  the  repairs  which  such  breaking  or  injury  shall  have 
rendered  necessary,  but  such  payment  shall  not  bar  the  enforcement,  if 
there  be  ground  therefor,  of  article  II  of  this  convention. 

Art.  V.  Vessels  engaged  in  laying  or  repairing  submarine  cables  must 
observe  the  rules  concerning  signals  that  have  been  or  shall  be  adopted, 
by  common  consent,  by  the  High  Contracting  Parties,  with  a  view  to 
preventing  collisions  at  sea. 

When  a  vessel  engaged  in  repairing  a  cable  carries  the  said  signals, 
other  vessels  that  see  or  are  able  to  see  those  signals  shall  withdraw  or 
keep  at  a  distance  of  at  least  one  nautical  mile  from  such  vessel,  in  order 
not  to  interfere  with  its  operations. 

Fishing  gears  and  nets  shall  be  kept  at  the  same  distance. 

Nevertheless,  a  period  of  twenty-four  hours  at  most  shall  be  allowed 
to  fishing  vessels  that  perceive  or  are  able  to  perceive  a  telegraph  ship 
carrying  the  said  signals,  in  order  that  they  may  be  enabled  to  obey  the 
notice  thus  given,  and  no  obstacle  shall  be  placed  in  the  way  of  their 
operations  during  such  period. 

The  operations  of  telegraph  ships  shall  be  finished  as  speedily  as  possible. 

Art.  VI.  Vessels  that  see  or  are  able  to  see  buoys  designed  to  show 
the  position  of  cables  when  the  latter  are  being  laid,  are  out  of  order,  or 
are  broken,  shall  keep  at  a  distance  of  one  quarter  of  a  nautical  mile  at 
least  from  such  buoys. 

Fishing  gears  and  nets  shall  be  kept  at  the  same  distance. 

Art.  VII.  Owners  of  ships  or  vessels  who  can  prove  that  they  have 
sacrificed  an  anchor,  a  net,  or  any  other  implement  used  in  fishing,  in 
order  to  avoid  injuring  a  submarine  cable,  shall  be  indemnified  by  the 
owner  of  the  cable. 

In  order  to  be  entitled  to  such  indemnity,  one  must  prepare,  whenever 
possible,  immediately  after  the  accident,  in  proof  thereof,  a  statement 
supported  by  the  testimony  of  the  men  belonging  to  the  crew;  and  the 
captain  of  the  vessel  must,  within  twenty-four  hours  after  arriving  at 
the  first  port  of  temporary  entry,  make  his  declaration  to  the  competent 
authorities.  The  latter  shall  give  notice  thereof  to  the  consular  author- 
ities of  the  nation  to  which  the  owner  of  the  cable  belongs. 

Art.  VIII.  The  courts  competent  to  take  cognizance  of  infractions  of 
this  convention  shall  be  those  of  the  country  to  which  the  vessel  on  board 
of  which  the  infraction  has  been  committed  belongs. 

It  is,  moreover,  understood  that,  in  cases  in  which  the  provision  con- 
tained in  the  foregoing  paragraph  cannot  be  carried  out,  the  repression 
of  violations  of  this  convention  shall  take  place,  in  each  of  the  contracting 
States,  in  the  case  of  its  subjects  or  citizens  in  accordance  with  the  gen- 
eral rules  of  penal  competence  established  by  the  special  laws  of  those 
states,  or  by  international  treaties. 


•  GENERAL  WELFARE  CONVENTIONS         in 

Art.  IX.  Prosecutions  on  account  of  the  infractions  contemplated  in 
articles  II,  V  and  VI,  of  this  convention,  shall  be  instituted  by  the  State 
or  in  its  name. 

Art.  X.  Evidence  of  violations  of  this  convention  may  be  obtained  by 
all  methods  of  securing  proof  that  are  allowed  by  the  laws  of  the  coun- 
try of  a  court  before  which  a  case  has  been  brought. 

When  the  officers  commanding  the  vessels  of  war  or  the  vessels  spe- 
cially commissioned  for  that  purpose,  of  one  of  the  High  Contracting 
Parties,  shall  have  reason  to  believe  that  an  infraction  of  the  measures 
provided  for  by  this  Convention  has  been  committed  by  a  vessel  other 
than  a  vessel  of  war,  they  may  require  the  captain  or  master  to  exhibit 
the  official  documents  furnishing  evidence  of  the  nationality  of  the  said 
vessel.  Summary  mention  of  such  exhibition  shall  at  once  be  made  on 
the  documents  exhibited. 

Reports  may,  moreover,  be  prepared  by  the  said  officers,  whatever  may 
be  the  nationality  of  the  inculpated  vessel.  The  reports  shall  be  drawn 
up  in  the  form  and  in  the  language  in  use  in  the  country  to  which  the 
officer  drawing  them  up  belongs;  they  may  be  used  as  evidence  in  the 
country  in  which  they  shall  be  invoked,  and  according  to  the  laws  of  such 
country.  The  accused  parties  and  the  witnesses  shall  have  the  right  to 
add  or  to  cause  to  be  added  thereto,  in  their  own  language  any  explana- 
itons  that  they  may  deem  proper ;  these  declarations  shall  be  duly  signed. 

Art.  XI.  Proceedings  and  trials  in  cases  of  infractions  of  the  pro- 
visions of  this  Convention  shall  always  take  place  as  summarily  as  the 
laws  and  regulations  in  force  will  permit. 

Art.  XII.  The  High  Contracting  Parties  engage  to  take  or  propose  to 
their  respective  legislative  bodies  the  measures  necessary  in  order  to 
secure  the  execution  of  this  Convention,  and  especially  to  cause  the  pun- 
ishment, either  by  fine  or  imprisonment,  or  both,  of  such  persons  as 
may  violate  the  provisions  of  articles  II,  V.  and  VI. 

Art.  XIII.  The  High  Contracting  Parties  shall  communicate  to  each 
other  such  laws  as  may  already  have  been  or  as  may  hereafter  be  enacted 
in  their  respective  countries,  relative  to  the  subject  of  this  Convention. 

Art.  XIV.  States  that  have  not  taken  part  in  this  Convention  shall  be 
allowed  to  adhere  thereto,  on  their  request  to  do  so.  Notice  of  such  ad- 
hesion shall  be  given,  diplomatically,  to  the  Government  of  the  French 
Republic,  and  by  the  latter  to  the  other  signatory  Governments. 

Art.  XV.  It  is  understood  that  the  stipulations  of  this  Convention  shall 
in  no  wise  affect  the  liberty  of  action  of  belligerents. 

Art.  XVI.  This  Convention  shall  take  effect  on  such  day  as  shall  be 
agreed  upon  by  the  High  Contracting  Parties. 

It  shall  remain  in  force  for  five  years  from  that  day,  and,  in  case  none 
of  the  High  Contracting  Parties  shall  have  given  notice,  twelve  months 
previously  to  the  expiration  of  said  period  of  five  years,  of  its  intentions 


112  INTERNATIONAL  RELATIONS 

to  cause  its  effects  to  cease,  it  shall  continue  in  force  for  one  year,  and 
so  on  from  year  to  year. 

In  case  one  of  the  Signatory  Powers  shall  give  notice  of  its  desire  for 
the  cessation  of  the  effects  of  the  Convention,  such  notice  shall  be  effective 
as  regards  that  Power  only. 

Art.  XVII.  This  Convention  shall  be  ratified ;  its  ratification  shall  be 
exchanged  at  Paris  as  speedily  as  possible,  and  within  one  year  at  the 
latest. 

In  testimony  whereof,  the  respective  Plenipotentiaries  have  signed  it, 
and  have  thereunto  affixed  their  seals. 

Done  in  twenty-six  copies,  at  Paris,  this  I4th  day  of  March,  1884. 
(Signatures).14 

ADDITIONAL  ARTICLE 

The  stipulations  of  the  Convention  concluded  this  day  for  the  protec- 
tion of  submarine  cables  shall  be  applicable,  according  to  Article  I,  to 
the  colonies  and  possessions  of  Her  Britannic  Majesty  with  the  exception 
of  those  named  below,  to  wit: 

Canada,  New  South  Wales,  South  Australia, 

Newfoundland,  Victoria,  West  Australia, 

The  Cape,  Queensland,  New  Zealand. 

Natal,  Tasmania  (2), 

Nevertheless,  the  stipulations  of  the  said  Convention  shall  be  applicable 
to  one  of  the  above  named  colonies  or  possessions,  if,  in  their  (its?) 
name,  a  notification  to  that  effect  has  been  addressed  by  the  representa- 
tive of  Her  Britannic  Majesty  at  Paris  to  the  Minister  of  Foreign  Af- 
fairs of  France. 

Each  of  the  above  named  Colonies  or  possessions  that  shall  have  ad- 
hered to  the  said  Convention,  shall  have  the  privilege  of  withdrawing  in 
the  same  manner  as  the  contracting  powers.  In  case  one  of  the  colonies 
or  possessions  in  question  shall  desire  to  withdraw  from  the  Convention, 
a  notification  to  that  effect  shall  be  addressed  by  her  Britannic  Majesty's 
representative  at  Paris  to  the  Minister  of  Foreign  Affairs  of  France. 

Done  in  twenty-six  copies  at  Paris,  this  fourteenth  day  of  March,  1884. 
(Signatures)15 

Declaration  Respecting  the  Interpretation  of  Articles  II  and  IV  of  the 
Convention  of  March  14,  1884,  for  the  Protection  of  Submarine  Cables. 

The  undersigned  Plenipotentiaries  of  the  signatory  Governments  of  the 
Convention  of  March  14,  1884,  for  the  protection  of  submarine  cables, 
having  recognized  the  expediency  of  defining  the  sense  of  the  terms  of 
Articles  II  and  IV,  of  the  said  convention,  have  prepared  by  common  ac- 
cord the  following  declaration : 

14  Senate  Documents,  2d  Session,  6ist  Congress,  48,  1949. 

15  Senate  Documents,  2d  Session,  6ist  Congress,  48,  1955. 


GENERAL  WELFARE  CONVENTIONS  113 

Certain  doubts  having  arisen  as  to  the  meaning  of  the  word  "wilfully" 
inserted  in  Article  II  of  the  convention  of  the  I4th  of  March,  1884,  it  is 
understood  that  the  imposition  of  penal  responsibility,  mentioned  in  the 
said  article,  does  not  apply  to  cases  of  breaking  or  of  injuries  occasioned 
accidentally  or  necessarily  in  repairing  a  cable,  when  all  precautions  have 
been  taken  to  avoid  such  breakings  or  damages. 

It  is  likewise  understood  that  Article  IV  of  the  Convention  has  no 
other  object  and  is  to  have  no  other  effect  than  to  charge  the  competent 
tribunals  of  each  country  with  the  determination,  conformably  to  their 
laws  and  according  to  circumstances,  of  the  question  of  the  civil  responsi- 
bility of  the  owner  of  a  cable,  who,  by  the  laying  or  repairing  of  such 
cable,  causes  the  breaking  or  injury  of  another  cable,  and  also  of  the 
consequences  of  that  responsibility  if  it  is  found  to  exist. 

Done  at  Paris,  December  i,  1886,  and  March  23,  1887,  for  Germany. 

(Signatures).16 
FINAL  PROTOCOL 

The  undersigned,  Plenipotentiaries  of  the  Governments,  parties  to  the 
Convention  of  March  14,  1884,  for  the  protection  of  submarine  cables, 
having  met  at  Paris  for  the  purpose  of  fixing,  in  pursuance  of  article  16 
of  that  international  instrument,  the  date  for  putting  the  said  convention 
into  execution,  have  agreed  upon  the.  following : 

I.  The  International  Convention  of  March  14,  1884,  for  the  protection 
of  submarine  cables,  shall  go  into  operation  on  the  1st  day  of  May,  1888. 
provided,  however,  that  at  that  date  those  of  the  contracting  Governments 
that  have  not  yet  adopted  the  measures  provided  for  by  article  12  of  the 
said  international  instrument,  shall  have  conformed  to  that  stipulation. 

II.  The  measures  which  shall  have  been  taken  by  the  said  States  in 
execution  of  article  12  aforesaid,  shall  be  made  known  to  the  other  con- 
tracting Powers  through  the  French  Government,  which  is  charged  with 
the  examination  of  the  said  measures. 

III.  The  Government  of  the  French  Republic  is  likewise  charged  with 
the   examination  of   the   similar   legislative   and   reglementary  provisions 
which  are  to  be  adopted,  in  their  respective  countries,  in  pursuance  of 
article  12,  by  such  states  as  have  not  taken  part  in  the  Convention,  and 
as  may  desire  to  avail  themselves  of  the  privilege  of  accession,  for  which 
provision  is  made  in  article  14. 

In  testimony  whereof,  the  undersigned  Plenipotentiaries  have  adopted 
this  final  protocol,  which  shall  be  considered  as  forming  an  integral  part 
of  the  International  Convention  of  March  14,  1884. 

Done  at  Paris,  July  7,  1887. 

(Signatures).17 

16  Id.  48,  1956. 

17  Id.  48,  1958. 


114  INTERNATIONAL  RELATIONS 

Early  in  the  war  the  British  cut  the  two  German  cables  ex- 
tending from  Emden  to  America  by  way  of  the  Azores  and 
also  the  cable  between  Monrovia,  Liberia,  and  Brazil.  This 
action  was  not  in  contravention  of  the  terms  of  the  foregoing 
treaty,  article  fifteen  of  which  expressly  provides  that  it  shall 
not  affect  the  liberty  of  action  of  belligerents.  But  the  action 
of  the  British  in  cutting  these  cables  affected  not  only  the  Ger- 
man powers  but  also  the  United  States,  Brazil  and  Liberia, 
which  were  all  neutrals  at  the  time.  Several  German  cables  in 
the  Pacific  were  also  seized  by  the  British :  one  from  the  island 
of  Yap  in  the  Caroline  group  to  Singapore,  connecting  there 
with  the  Dutch  and  British  cables;  and  another  connecting 
this  cable  with  Celebes.  The  importance  of  these  lines  as 
means  of  communication  with  the  most  remote  parts  of  the 
earth  renders  the  disposition  to  be  made  of  them  a  matter  of 
international  concern.  The  laying  and  protection  of  ocean 
cables  presents  an  international  problem  of  continuing  im- 
portance. No  single  nation  or  group  of  nations  is  competent 
to  make  law  for  the  ocean. 

On  March  15,  1886,  a  convention  was  signed  at  Brussels  by 
the  plenipotentiaries  of  the  United  States,  Belgium,  Brazil, 
Spain,  Italy,  Portugal,  Servia,  and  Switzerland  providing  for 
international  exchange  of  official  documents,  scientific  and  lit- 
erary publications.  Other  states  were  invited  to  adhere  to  it. 
This  convention  provides  for  exchanges  of  documents  through 
bureaus  to  be  established  in  each  of  the  contracting  states.  It 
does  not  establish  any  international  bureau.18 

THE  AFRICAN  SLAVE  TRADE 

Slavery  has  been  recognized  by  the  laws  of  most  of  the 
countries  of  the  world  from  the  earliest  ages  of  which  we 
have  any  account  until  modern  times.  The  Greeks  and  Ro- 
mans enslaved  their  prisoners  of  war  and  slavery  persisted 
throughout  the  Roman  Empire  until  it  was  converted  into 
serfdom  by  the  feudal  system.  At  the  time  of  the  discovery 
of  America  slavery  was  not  recognized  by  the  laws  of  any 
European  country  except  Turkey,  which  was  always  more 
18  Senate  Documents,  2d  Session,  6ist  Congress,  48,  1959. 


GENERAL  WELFARE  CONVENTIONS  115 

Asiatic  than  European.  But  at  a  very  early  stage  of  the  set- 
tlement of  America  the  Europeans  began  the  introduction  of 
slavery  into  the  colonies.  Columbus  proposed  an  exchange  of 
his  Carib  Indian  prisoners  as  slaves  for  live  stock  to  be  fur- 
nished to  Hispanola  by  Spanish  merchants  and  in  1494  sent 
home  more  than  500  of  them,  but  Queen  Isabella  would  not 
permit  them  to  be  sold  at  Seville  and  ordered  them  sent  back. 
The  Spaniards,  however,  did  not  hesitate  to  enslave  the  In- 
dians in  America.  The  Portuguese  had  commenced  traffic  in 
African  slaves  before  the  discovery  of  America.  They  at  first 
obtained  negroes  from  the  coast  of  Africa  and  brought  them 
into  Spain  where  they  were  made  slaves.  When  Ovando  was 
sent  to  Hispanola  as  governor  in  1502  permission  was  given 
to  carry  to  the  colony  negro  slaves  born  in  Spain.  From  this 
time  on  the  slave  trade  grew  with  the  settlement  of  America, 
and  was  soon  participated  in  by  traders  from  all  the  maritime 
nations  of  Europe.  In  1620  a  Dutch  ship  from  the  coast  of 
Guinea  visited  Jamestown,  Virginia,  and  sold  part  of  her 
cargo  of  negroes  to  the  tobacco  planters.  This  appears  to 
have  been  the  beginning  of  slavery  in  British  America.  By 
the  treaty  of  Utrecht  a  contract  for  supplying  the  Spanish 
colonies  with  4,800  negroes  annually,  which  had  previously 
passed  from  the  Dutch  to  the  French,  was  transferred  to  Great 
Britain,  and  an  English  company  was  to  enjoy  the  monopoly 
for  thirty  years  from  May  i,  1713.  The  British  slave  trade 
reached  its  maximum  just  before  the  revolt  of  the  American 
colonies,  when  there  were  192  slave  ships  from  Liverpool, 
London,  Bristol,  and  Lancaster,  engaged  in  the  traffic,  with 
total  space  for  the  transport  of  47,146  negroes.  After -the 
war  the  number  of  stations  on  the  coast  of  Africa  from  which 
slaves  were  procured  is  given  as  forty,  of  which  14  were 
English,  3  French,  15  Dutch,  4  Portuguese,  and  4  Danish.  It 
was  estimated  that  the  annual  traffic  of  the  different  nations  in 
1790  was,  by  the  British,  38,000,  by  the  French,  20,000,  by 
the  Dutch,  4,000,  by  the  Danes,  2,000,  by  the  Portuguese, 
10,000,  total  74,000.  It  seems  almost  incredible  that  the  pro- 
fessedly Christian  nations  of  Europe  could  all  join  in  the 
cruelties  of  this  traffic.  The  business  of  obtaining  the  negroes 


Ii6  INTERNATIONAL  RELATIONS 

in  Africa  was  of  course  carried  on  in  utter  disregard  of  every 
humane  principle.  War  was  waged  to  get  prisoners,  and  the 
whole  coast  and  far  into  the  interior  of  Africa  was  kept  in  a 
constant  state  of  turmoil.  When  they  could  not  capture 
enough  from  other  tribes  to  supply  the  demand  the  chiefs 
often  sold  members  of  their  own.  Great  numbers  were  killed 
in  the  forays  to  capture  them  and  died  from  the  cruel  treat- 
ment given  them  after  capture.  Of  those  shipped  across  the 
ocean  i2l/2  per  cent  are  said  to  have  died  during  the  passage 
and  37^2  per  cent  more  in  port  and  during  the  process  of 
breaking  them  in  as  slaves.19  The  barbarities  of  the  traffic 
shocked  the  moral  sense  of  all  Christendom.  The  total  colored 
population  of  the  United  States,  substantially  all  of  whom 
were  imported  as  slaves  or  the  descendants  of  them,  was 
757,208  according  to  the  census  of  1790.  In  1910  the  colored 
population  had  increased  to  io,239,579.20  Though  the  revo- 
lutionary fathers  were  keenly  alive  to  the  immorality  of  the 
slave  trade  and  desired  to  put  an  end  to  it,  the  influence  of 
those  engaged  in  the  traffic  was  such  that  the  constitution  pre- 
vented Congress  from  prohibiting  the  importation  of  negroes 
until  1808." 

The  growth  of  sentiment  against  slavery  and  the  slave  trade 
both  in  Europe  and  America  was  very  rapid  in  the  nineteenth 
century.  By  the  constitutions  of  Chile  of  1833  and  of  the 
Argentine  Republic  of  1860  slavery  was  abolished  in  those 
countries,  and  with  the  abolition  in  the  United  States  in  1863, 
slavery  ceased  to  be  an  institution  of  the  western  hemisphere. 
The  Portuguese  who  were  pioneers  in  the  trade  were  the  last 
to  abandon  it  by  royal  decree  in  1836.  The  great  traffic  in 
slaves  which  had  been  so  active  between  the  coasts  of  Africa 
and  America  during  the  eighteenth  came  to  an  end  during 
the  first  half  of  the  nineteenth  century.  But  this  did  not 
put  an  end  to  the  traffic  nor  to  the  disorders  on  the  African 
continent  resulting  from  it.  Slavery  still  existed  in  the  Mo- 
hammedan countries  of  northern  Africa  and  western  Asia. 

19  Encyclopedia  Brittannica,   XXII,   137,   138. 

20  Statistical  Abstract,  1911,  p.  39. 

21  Constitution  of  the  United  States,  Art.  I,  Sec.  o. 


GENERAL  WELFARE  CONVENTIONS  117 

Africa  was  still  the  source  of  supply  and  the  hunters  and  trad- 
ers were  still  busy  in  gathering  and  transporting  slaves  from 
Africa  to  Turkey,  Persia,  Arabia  and  neighboring  countries. 
The  people  of  European  countries  which  had  been  most  active 
in  the  slave-trade  between  Africa  and  America  became  inter- 
ested in  the  legitimate  trade  with  Africa  and  therefore  in  the 
pacification  and  civilization  of  that  continent.  The  crimes  and 
barbarities  of  slave  hunters  were  utterly  incompatible  with  so- 
cial order  and  industrial  and  commercial  development.  Great 
Britain,  France,  Portugal,  Denmark,  the  Netherlands  and 
Spain,  all  of  which  had  ceased  to  tolerate  slavery  in  their  pos- 
sessions, induced  slave-holding  Turkey  and  Persia  to  join  in 
putting  an  end  to  the  slave-trade.  It  was  a  vast  undertaking, 
requiring  not  only  the  policing  of  nearly  the  whole  eastern 
coast  of  Africa,  but  also  supervision  of  the  caravan  routes 
across  the  desert.  Most  of  the  slaves  were  taken  from  parts 
of  the  continent  over  which  there  was  no  organized  govern- 
ment. Transportation  of  them  to  the  countries  of  Asia  was 
mostly  by  sea,  and  it  was  necessary  to  search  and  seize  vessels 
employed  in  the  traffic.  Guns  and  ammunition  were  used  by 
the  slave-hunters  in  their  raids  to  capture  negroes  and  intoxi- 
cating liquors  in  their  schemes  to  take  them  by  fraud  and 
deception.  It  was  therefore  deemed  necessary  to  stop  the  im- 
portation of  arms  and  ammunition  and  of  distilled  liquors. 

At  a  conference  of  powers  representing  Europe,  Asia, 
Africa  and  North  America,  held  at  Brussels  in  1890,  a 
general  act  for  the  repression  of  the  African  slave-trade  was 
agreed  upon  and  signed  by  representatives  of  the  follow- 
ing powers:  the  United  States,  Germany,  Austria-Hun- 
gary, Belgium,  Denmark,  Spain,  Independent  State  of  the 
Congo,  France,  Great  Britain,  Italy,  the  Netherlands,  Luxem- 
burg, Persia,  Portugal,  Russia,  Sweden  and  Norway,  Turkey 
and  Zanzibar.  By  this  act  these  powers  undertook  to  legislate 
for  the  greater  part  of  the  African  continent,  the  Indian  Ocean 
and  adjoining  seas  and  gulfs  on  the  subject  of  the  slave-trade 
and  the  introduction  of  fire-arms  and  intoxicating  liquors  into 
Africa.  These  nations  assumed  a  joint  guardianship  of  the 
savage  tribes  of  Africa,  and  undertook  to  protect  them  from 


ii8  INTERNATIONAL  RELATIONS 

the  evils  of  these  traffics  and  pacify  the  continent.  Since  then 
most  of  the  powers  which  were  parties  to  this  humane  under- 
taking have  been  engaged,  between  themselves,  in  the  greatest 
and  most  destructive  war  ever  known.  They  deemed  them- 
selves competent  to  preserve  peace  in  Africa,  but  have  utterly 
failed  to  preserve  peace  in  Europe  and  Asia.  Notwithstanding 
this  failure  at  home,  the  good  accomplished  by  this  joint  un- 
dertaking has  been  very  great  and  its  effects  will  doubtless  be 
preserved.  Though  there  are  still  cases  of  traffic  in  slaves, 
they  are  now  very  rare.  The  following  is  the  full  text  of  this 
most  remarkable  piece  of  international  legislation. 

GENERAL  ACT  FOR  THE  REPRESSION  OF  AFRICAN  SLAVE  TRADE 

Chapter  I.     Slave-trade  countries. — Measures  to  be  taken  in  the 

places  of  origin. 

Article  I.    The  powers  declare  that  the  most  effective  means  of  coun- 
teracting the  slave-trade  in  the  interior  of  Africa  are  the  following: 

1.  Progressive    organization    of    the    administrative,    judicial,    religious, 
and   military   services   in   the  African   territories   placed   under   the   sov- 
ereignty or  protectorate  of  civilized  nations. 

2.  The  gradual  establishment  in  the  interior,  by  the  powers  to  which 
the  territories  are  subject,  of  strongly  occupied  stations,  in  such  a  way 
as  to  make  their  protective  or   repressive   action  effectively   felt   in   the 
territories  devastated  by  slave  hunting. 

3.  The  construction  of  roads,  and  in  particular  of  railways,  connecting 
the  advanced  stations  with  the  coast,  and  permitting  easy  access  to  the 
inland  waters,  and  to  such  of  the  upper  courses  of  the  rivers  and  streams 
as  are  not  broken  by  rapids  and  cataracts,  with  a  view  to  substituting 
economical  and  rapid  means  of  transportation  for  the  present  system  of 
carriage  by  men. 

4.  Establishment  of  steam-boats  on  the  inland  navigable  waters  and  on 
the  lakes,  supported  by  fortified  posts  established  on  the  banks. 

5.  Establishment  of  telegraphic  lines,  insuring  the  communication  of  the 
posts   and   stations   with   the  coast  and   with   the   administrative   centres. 

6.  Organization  of  expeditions  and  flying  columns,  to  keep  up  the  com- 
munication of  stations  with  each  other  and  with  the  coast  to  support  re- 
pressive action,  and  to  insure  the  security  of  high  roads. 

7.  Restriction   of    the   importation    of    fire-arms,    at   least   of    those   of 
modern  pattern,  and  of  amunition  throughout  the  entire  extent  of  the  ter- 
ritory in  which  the  slave-trade  is  carried  on. 

Art.  II.    The  stations,  the  inland  cruisers  organized  by  each  power  in 
its  waters,  and  the  posts  which  serve  as  ports  of  register  for  them  shall, 


GENERAL  WELFARE  CONVENTIONS  119 

independently  of  their  principal  task,  which  is  to  prevent  the  capture  of 
slaves  and  intercept  the  routes  of  the  slave  trade,  have  the  following 
subsidiary  duties : 

1.  To  support  and,   if  necessary,  to  serve  as  a  refuge  for  the  native 
population,  whether  placed  under  the  sovereignty  or  the  protectorate  of 
the  state  to  which  the  station  is  subject,  or  independent,  and  temporarily 
for  all  other  natives  in  case  of  imminent  danger;  to  place  the  population 
of  the  first  of  these  categories  in  a  position  to  co-operate  for  their  own 
defense;  to  diminish  the  intestine  wars  between  tribes  by  means  of  arbi- 
tration; to  initiate  them  in  agricultural  labor  and  in  the  industrial  arts 
so  as  to  increase  their  welfare ;  to  raise  them  to  civilization  and  bring 
about    the    extinction    of    barbarous    customs,    such    as    cannibalism,    and 
human  sacrifices. 

2.  To  give  aid  and  protection  to  commercial  enterprises;  to  watch  over 
their  legality  by  especially  controlling  contracts  for  service  with  natives, 
and  to  prepare  the  way  for  the  foundation  of  permanent  centers  of  culti- 
vation and  of  commercial  settlements. 

3.  To  protect,  without  distinction  of  creed,  the  missions  which  are  al- 
ready or  that  may  hereafter  be  established. 

4.  To  provide   for  the  sanitary  service  and  to  extend  hospitality  and 
help  to  explorers  and  to  all  who  take  part  in  Africa  in  the  work  of  re- 
pressing the  slave-trade. 

Art.  III.  The  powers  exercising  a  sovereignty  or  a  protectorate  in 
Africa  confirm  and  give  precision  to  their  former  declarations,  and  en- 
gage to  proceed  gradually,  as  circumstances  may  permit,  either  by  the 
means  above  indicated,  or  by  any  other  means  that  they  may  consider 
suitable,  with  the  repression  of  the  slave-trade,  each  State  in  its  respective 
possessions  and  under  its  own  direction.  Whenever  they  consider  it  pos- 
sible, they  shall  lend  their  good  offices  to  such  powers  as,  with  a  purely 
humanitarian  object,  may  be  engaged  in  Africa  in  the  fulfillment  of  a 
similar  mission. 

Art.  IV.  The  States  exercising  sovereign  powers  or  protectorates  in 
Africa  may  in  all  cases  delegate  to  companies  provided  with  charters  all 
or  a  portion  of  the  engagements  which  they  assume  in  virtue  of  Article 
III.  They  remain,  nevertheless,  directly  responsible  for  the  engagements 
which  they  contract  by  the  present  act,  and  guarantee  the  execution 
thereof.  The  powers  promise  to  encourage,  aid  and  protect  such  national 
associations  and  enterprises  due  to  private  initiative  as  may  wish  to  co- 
operate in  their  possessions  in  the  repression  of  the  slave-trade,  subject  to 
their  receiving  previous  authorization,  such  authorization  being  revokable 
at  any  time,  subject  also  to  their  being  directed  and  controlled,  and  to 
the  exclusion  of  the  exercise  of  rights  of  sovereignty. 

Art.  V.  The  contracting  powers  pledge  themselves,  unless  this  has 
already  been  provided  for  by  laws  in  accordance  with  the  spirit  of  the 


120  INTERNATIONAL  RELATIONS 

present  article,  to  enact  or  propose  to  their  respective  legislative  bodies, 
in  the  course  of  one  year  at  the  latest  from  the  date  of  the  signing  of  the 
present  general  act,  a  law  rendering  applicable,  on  the  one  hand,  the  pro- 
visions of  their  penal  laws  concerning  grave  offenses  against  the  person, 
to  the  organizers  and  abettors  of  slave-hunting,  to  those  guilty  of  mutilat- 
ing male  adults  and  children,  and  to  all  persons  taking  part  in  the  cap- 
ture of  slaves  by  violence;  and,  on  the  other  hand,  the  provisions  relat- 
ing to  offenses  against  individual  liberty,  to  carriers  and  transporters  of, 
and  to  dealers  in  slaves. 

The  accessories  and  accomplices  of  the  different  categories  of  slave 
captors  and  dealers  above  specified  shall  be  punished  with  penalties  pro- 
portionate to  those  incurred  by  the  principals. 

Guilty  persons  who  may  have  escaped  from  the  jurisdiction  of  the  au- 
thorities of  the  country  where  the  crimes  or  offenses  have  been  commit- 
ted shall  be  arrested  either  on  communication  of  the  incriminating  evi- 
dence by  the  authorities  who  have  ascertained  the  violation  of  the  law, 
or  on  production  of  any  other  proof  of  guilt  by  the  power  in  whose  ter- 
ritory they  may  have  been  discovered,  and  shall  be  kept,  without  other 
formality,  at  the  disposal  of  the  tribunals  competent  to  try  them. 

The  powers  shall  communicate  to  one  another,  with  the  least  possible 
delay,  the  laws  or  decrees  existing  or  promulgated  in  execution  of  the 
present  Article. 

Art.  VI.  Slaves  liberated  in  consequence  of  the  stoppage  or  dispersion 
of  a  convoy  in  the  interior  of  the  continent,  shall  be  sent  back,  if  circum- 
stances permit,  to  their  country  of  origin;  if  not,  the  local  authorities 
shall  facilitate,  as  much  as  possible,  their  means  of  living,  and  if  they 
desire  it,  help  them  to  settle  on  the  spot. 

Art.  VII.  Any  fugitive  slave  claiming,  on  the  continent,  the  protection 
of  the  signatory  powers,  shall  receive  it,  and  shall  be  received  in  the  camps 
and  stations  officially  established  by  said  powers,  or  on  board  of  the  ves- 
sels of  the  State  plying  on  the  lakes  and  rivers.  Private  stations  and 
boats  are  only  permitted  to  exercise  the  right  of  asylum  subject  to  the 
previous  consent  of  the  State. 

Art.  VIII.  The  experience  of  all  nations  that  have  intercourse  with 
Africa  having  shown  the  pernicious  and  preponderating  part  played  by 
fire-arms  in  operations  connected  with  the  slave-trade  as  well  as  internal 
wars  between  the  native  tribes ;  and  this  same  experience  having  clearly 
proved  that  the  preservation  of  the  African  population  whose  existence 
it  is  the  express  wish  of  the  powers  to  protect,  is  a  radical  impossibility, 
if  measures  restricting  the  trade  in  fire-arms  and  amunition  are  not 
adopted,  the  powers  decide,  so  far  as  the  present  state  of  their  frontiers 
permits,  that  the  importation  of  fire-arms,  and  especially  of  rifles  and 
improved  weapons,  as  well  as  of 'powder,  ball  and  cartridges,  is,  except 
in  the  cases  and  under  the  conditions  provided  for  in  the  following 


GENERAL  WELFARE  CONVENTIONS  121 

Article,  prohibited  in  the  territories  comprised  between  the  2Oth  parallel 
of  North  latitude  and  the  22d  parallel  of  South  latitude,  and  extending 
westward  to  the  Atlantic  Ocean  and  eastward  to  the  Indian  Ocean  and 
its  dependencies,  including  the  islands  adjacent  to  the  coast  within  100 
nautical  miles  from  the  shore. 

Art.  IX.  The  introduction  of  fire-arms  and  ammunition,  when  there 
shall  be  occasion  to  authorize  it  in  the  possessions  of  the  signatory  powers 
that  exercise  rights  of  sovereignty  or  of  protectorate  in  Africa,  shall  be 
regulated,  unless  identical  or  stricter  regulations  have  already  been  en- 
forced, in  the  following  manner  in  the  zone  defined  in  Article  VIII : 

All  imported  fire-arms  shall  be  deposited,  at  the  cost,  risk  and  peril 
of  the  importers,  in  a  public  warehouse  under  the  supervision  of  the 
State  government.  No  withdrawal  of  fire-arms  or  imported  ammunition 
shall  take  place  from  such  warehouses  without  the  previous  authoriza- 
tion of  the  said  government.  This  authorization  shall,  except  in  the  cases 
hereinafter  specified,  be  refused  for  the  withdrawal  of  all  arms  for  ac- 
curate firing,  such  as  rifles,  magazine  guns,  or  breech-loaders,  whether 
whole  or  in  detached  pieces,  their  cartridges,  caps,  or  other  ammunition 
intended  for  them. 

In  seaports  and  under  conditions  affording  the  needful  guarantees,  the 
respective  governments  may  permit  private  warehouses,  but  only  for  ordi- 
nary powder  and  for  flint-lock  muskets,  and  to  the  exclusion  of  improved 
arms  and  ammunition  therefor. 

Independently  of  the  measures  directly  taken  by  the  governments  for 
the  arming  of  the  public  force  and  the  organization  of  their  defence,  in- 
dividual exceptions  may  be  allowed  in  the  case  of  persons  furnishing 
sufficient  guarantees  that  the  weapon  and  ammunition  delivered  to  them 
shall  not  be  given,  assigned  or  sold  to  third  parties,  and  for  travelers 
provided  with  a  declaration  of  their  government  stating  that  the  weapon 
and  ammunition  are  intended  for  their  personal  defence  exclusively. 

All  arms,  in  the  cases  provided  for  in  the  preceding  paragraph,  shall 
be  registered  and  marked  by  the  supervising  authorities,  who  shall  deliver 
to  the  persons  in  question  permits,  to  bear  arms,  stating  the  name  of  the 
bearer  and  showing  the  stamp  with  which  the  weapon  is  marked.  These 
permits  shall  be  revocable  in  case  proof  is  furnished  that  they  have  been 
improperly  used,  and  shall  be  issued  for  five  years  only,  but  may  be 
renewed. 

The  above  rule  as  to  warehousing  shall  also  apply  to  gunpowder. 

Only  flint-lock  guns,  with  unrifled  barrels,  and  common  gunpowder 
known  as  trade  powder,  may  be  withdrawn  from  the  warehouses  for  sale. 
At  each  withdrawal  of  arms  and  ammunition  of  this  kind  for  sale,  the 
local  authorities  shall  determine  the  regions  in  which  such  arms  and 
ammunition  may  be  sold.  The  regions  in  which  the  slave-trade  is  carried 
on  shall  always  be  excluded.  Persons  authorized  to  take  arms  or  powder 


122  INTERNATIONAL  RELATIONS 

out  of  the  public  warehouses,  shall  present  to  the  State  government, 
every  six  months,  detailed  lists  indicating  the  destinations  of  the  arms 
and  powder  sold,  as  well  as  the  quantities  still  remaining  in  the  ware- 
houses. 

Art.  X.  The  Governments  shall  take  all  such  measures  as  they  may 
deem  necessary  to  insure  as  complete  a  fulfillment  as  possible  of  the  pro- 
visions respecting  the  importation,  sale  and  transportation  of  fire-arms 
and  ammunition,  as  well  as  to  prevent  either  the  entry  or  exit  thereof 
via  the  inland  frontiers,  or  the  passage  thereof  to  regions  where  the 
slave-trade  is  rife. 

The  authorization  of  transit  within  the  limits  of  the  zone  specified  in 
Article  VIII,  shall  not  be  withheld  when  the  arms  and  ammunition  are 
to  pass  across  the  territory  of  the  signatory  or  adherent  power  occupying 
the  coast,  towards  inland  territories  under  the  sovereignty  or  protectorate 
of  another  signatory  or  adherent  power,  unless  this  latter  power  have 
direct  access  to  the  sea  through  its  own  territory.  If  this  access  be 
wholly  interrupted,  the  authorization  of  transit  cannot  be  withheld.  Any 
application  for  transit  must  be  accompanied  by  a  declaration  emanating 
from  the  government  of  the  power  having  the  inland  possessions,  and 
certifying  that  the  said  arms  and  ammunition  are  not  intended  for  sale, 
but  are  for  the  use  of  the  authorities  of  such  power,  or  the  military 
forces  necessary  for  the  protection  of  the  missionary  or  commercial  sta- 
tions, or  of  persons  mentioned  by  name  in  the  declaration.  Neverthe- 
less, the  territorial  power  of  the  coast  retains  the  right  to  stop,  excep- 
tionally and  provisionally,  the  transit  of  improved  arms  and  ammunition 
across  its  territory,  if,  in  consequence  of  inland  disturbances  or  other 
serious  danger,  there  is  ground  for  fearing  lest  the  dispatch  of  arms 
and  ammunition  may  compromise  its  own  safety. 

Art.  XI.  The  powers  shall  communicate  to  one  another  information 
relating  to  the  traffic  in  fire-arms  and  ammunition,  the  permits  granted, 
and  the  measures  of  repression  in  force  in  their  respective  territories. 

Art.  XII.  The  powers  engage  to  adopt  or  to  propose  to  their  respec- 
tive legislative  bodies  the  measures  necessary  everywhere  to  secure  the 
punishment  of  infringers  of  the  prohibitions  contained  in  Articles  VIII 
and  IX,  and  that  of  their  accomplices,  besides  the  seizure  and  confisca- 
tion of  the  prohibited  arms  and  ammunition,  either  by  fine  or  imprison- 
ment, or  by  both  of  these  penalties,  in  proportion  to  the  importance  of 
the  infraction  and  in  accordance  with  the  gravity  of  each  case. 

Art.  XIII.  The  signatory  powers  that  have  possessions  in  Africa  in 
contact  with  the  zone  specified  in  Article  VIII,  bind  themselves  to  take 
the  necessary  measures  for  preventing  the  introduction  of  fire-arms  and 
ammunition  across  their  inland  frontiers  into  the  regions  of  said  zone,  at 
least  that  of  improved  arms  and  cartridges. 

Art.  XIV.    The  system  stipulated  in  Articles  VIII  to  XIII,  shall  re- 


GENERAL  WELFARE  CONVENTIONS  123 

main  in  force  for  twelve  years.  In  case  none  of  the  contracting  parties 
shall  have  given  notice  twelve  months  before  the  expiration  of  this 
period,  of  its  intention  to  put  an  end  to  it,  or  shall  have  demanded  its 
revision,  it  shall  remain  obligatory  for  two  years  longer,  and  shall  thus 
continue  in  force  from  two  years  to  two  years. 

Chapter  II.     Caravan  Routes  and  Transportation  of  Slaves  by  land. 

Art.  XV.  Independently  of  the  repressive  or  protective  action  which 
they  exercise  in  the  centers  of  the  slave-trade,  it  shall  be  the  duty  of  the 
stations,  cruisers  and  posts,  whose  establishment  is  provided  for  in 
Article  II,  and  of  all  other  stations  established  or  recognized  by  Article 
IV,  by  each  government  in  its  possessions,  to  watch,  so  far  as  circum- 
stances will  permit,  and  in  proportion  to  the  progress  of  their  adminis- 
trative organization,  the  roads  traveled  in  their  territory  by  slave-dealers, 
to  stop  convoys  on  the  march,  or  to  pursue  them  wherever  their  action 
can  be  legally  exercised. 

Art.  XVI.  In  the  regions  of  the  coast  known  to  serve  habitually  as 
places  of  passage  or  terminal  points  for  slave-traffic  coming  from  the 
interior,  as  well  as  at  the  points  of  intersection  of  the  principal  caravan 
routes  crossing  the  zone  contiguous  to  the  coast  already  subject  to  the 
control  of  the  sovereign  or  protective  powers,  posts  shall  be  established 
under  the  conditions  and  with  the  reservations  mentioned  in  Article  III, 
by  the  authorities  to  which  the  territories  are  subject,  for  the  purpose  of 
intercepting  the  convoys  and  liberating  the  slaves. 

Art.  XVII.  A  strict  watch  shall  be  organized  by  the  local  authorities 
at  the  ports  and  places  near  the  coast,  with  a  view  to  preventing  the  sale 
and  shipment  of  slaves  brought  from  the  interior,  as  well  as  the  forma- 
tion and  departure  landwards  of  bands  of  slave-hunters  and  dealers. 

Caravans  arriving  at  the  coast  or  in  its  vicinity,  as  well  as  those  arriv- 
ing in  the  interior  at  a  locality  occupied  by  the  territorial  power,  shall,  on 
their  arrival,  be  subjected  to  a  minute  inspection  as  to  the  persons  com- 
posing them.  Any  such  person  being  ascertained  to  have  been  captured 
or  carried  off  by  force,  or  mutilated,  either  in  his  native  place  or  on  the 
way,  shall  be  set  free. 

Art.  XVIII.  In  the  possessions  of  each  of  the  contracting  powers,  it 
shall  be  the  duty  of  the  government  to  protect  liberated  slaves,  to  return 
them,  if  possible,  to  their  country,  to  procure  means  of  subsistence  for 
them,  and,  in  particular,  to  take  charge  of  the  education  and  subsequent 
employment  of  abandoned  children. 

Art.  XIX.  The  penal  arrangements  provided  for  by  Article  V  shall  be 
applicable  to  all  offences  committed  in  the  course  of  operations  connected 
with  the  transportation  of  and  traffic  in  slaves  on  land  whenever  such 
offences  may  be  ascertained  to  have  been  committed. 

Any  person  having  incurred  a  penalty  in  consequence  of  an  offence 
provided  for  by  the  present  general  act,  shall  incur  the  obligation  of 


124  INTERNATIONAL  RELATIONS 

furnishing  security  before  being  able  to  engage  in  any  commercial  trans- 
action in  countries  where  the  slave-trade  is  carried  on. 

Chapter  III.     Repression  of  the  Slave-trade  by  Sea. 
Section  I.     General  provisions. 

Art.  XX.  The  signatory  powers  recognize  the  desirability  of  taking 
steps  in  common  for  the  more  effective  repression  of  the  slave-trade  in 
the  maritime  zone  in  which  it  still  exists. 

Art.  XXI.  This  zone  extends,  on  the  one  hand,  between  the  coasts  of 
the  Indian  Ocean  (those  of  the  Persian  Gulf  and  Red  Sea  included), 
from  Beloochistan  to  Cape  Tangalane  (Quilimane)  ;  and,  on  the  other 
hand,  a  conventional  line  which  follows  the  meridian  from  Tangalane 
till  it  intersects  the  26th  degree  of  South  latitude;  it  is  then  merged  in 
this  parallel,  then  passes  round  the  Island  of  Madagascar  by  the  east, 
keeping  20  miles  off  the  east  and  north  shore,  till  it  intersects  the  meridian 
at  Cape  Ambre.  From  this  point  the  limit  of  the  zone  is  determined  by 
an  oblique  line,  which  extends  to  the  coast  of  Beloochistan,  passing  20 
miles  off  Cape  Ras-el-Had. 

Art.  XXII.  The  signatory  powers  of  the  present  general  act, — among 
whom  exist  special  conventions  for  the  suppression  of  the  slave-trade, 
have  agreed  to  restrict  the  clauses  of  those  conventions  concerning  the 
reciprocal  right  of  visit,  of  search  and  of  seizure  of  vessels  at  sea,  to  the 
above  mentioned  zone. 

Art.  XXIII.  The  same  powers  also  agree  to  limit  the  above  men- 
tioned right  to  vessels  whose  tonnage  is  less  than  500  tons.  This  stipula- 
tion shall  be  revised  as  soon  as  experience  shall  show  the  necessity 
therefor. 

Art.  XXIV.  All  other  provisions  of  the  conventions  concluded  for  the 
suppression  of  the  slave-trade  between  the  aforesaid  powers  shall  remain 
in  force  provided  they  are  not  modified  by  the  present  general  act. 

Art.  XXV.  The  signatory  powers  engage  to  adopt  efficient  measures 
to  prevent  the  unlawful  use  of  their  flag,  and  to  prevent  the  transporta- 
tion of  slaves  on  vessels  authorized  to  fly  their  colors. 

Art.  XXVI.  The  signatory  powers  engage  to  adopt  all  measures  neces- 
sary to  facilitate  the  speedy  exchange  of  information  calculated  to  lead 
to  the  discovery  of  persons  taking  part  in  operations  connected  with  the 
slave-trade. 

Art.  XXVII.  At  least  one  international  bureau  shall  be  created;  it 
shall  be  established  at  Zanzibar.  The  high  contracting  parties  engage 
to  forward  to  it  all  the  documents  specified  in  Article  XLI,  as  well  as  all 
information  of  any  kind  likely  to  assist  in  the  suppression  of  the  slave- 
trade. 

Art.  XXVIII.  Any  slave  who  has  taken  refuge  on  board  a  ship  of  war 
bearing  the  flag  of  one  of  the  signatory  powers,  shall  be  immediately  and 
definitely  set  frte.  Such  freedom,  however,  shall  not  withdraw  him  from 


GENERAL  WELFARE  CONVENTIONS  125 

the  competent  jurisdiction  if  he  has  been  guilty  of  any  crime  or  offense 
at  common  law. 

Art.  XXIX.  Any  slave  detained  against  his  will  on  board  of  a  native 
vessel  shall  have  the  right  to  demand  his  liberty.  His  release  may  be 
ordered  by  any  agent  of  any  of  the  signatory  powers  on  whom  the  present 
general  act  confers  the  right  of  ascertaining  the  status  of  persons  on 
board  of  such  vessels,  although  such  release  shall  not  withdraw  him 
from  the  competent  jurisdiction  if  he  has  committed  any  crime  or  of- 
fense at  common  law. 

Section  II.     Regulation  concerning  the  use  of  the  flag  and  supervision 

by  cruisers. 

I.  Rules  for  granting  the  flag  to  native  vessels,  and  as  to  crew  lists 
and  manifests  of  black  passengers  on  board. 

Art.  XXX.  The  signatory  powers  engage  to  exercise  a  strict  surveil- 
lance over  native  vessels  authorized  to  carry  their  flag  in  the  zone  men- 
tioned in  Article  XXI,  and  over  the  commercial  operations  carried  on  by 
such  vessels. 

Art.  XXXI.  The  term  "native  vessel"  applies  to  vessels  filling  one  of 
the  following  conditions : 

1.  It  shall  present  the  outward  appearance  of  native  build  or  rigging. 

2.  It  shall  be  manned  by  a  crew  of  whom  the  captain  and  a  majority 
of  the  seamen  belong  by  origin  to  one  of  the  countries  on  the  coast  of 
the  Indian  Ocean,  the  Red  Sea,  or  the  Persian  Gulf. 

Art.  XXXII.  The  authorization  to  carry  the  flag  of  one  of  the  said 
powers  shall  in  future  be  granted  only  to  such  native  vessels  as  shall 
satisfy  at  the  same  time  the  three  following  conditions: 

1.  Fitters-out  or  owners  of  ships  must  be  either  subjects  of  or  persons 
protected  by  the  power  whose  flag  they  ask  to  carry. 

2.  They  shall  be  obliged  to  prove  that  they  possess  real  estate  situated 
in  the  district  of  the  authority  to  whom  their  application  is  addressed,  or 
to  furnish  bona  fide  security  as  a  guaranty  of  the  payment  of  such  fines 
as  may  be  incurred. 

3.  The  above-named  fitters-out  or  owners  of  ships,  as  well  as  the  cap- 
tain of  the  vessel,  shall  prove  that  they  enjoy  a  good  reputation,  and  that 
in  particular  they  have  never  been  sentenced  to  punishment  for  acts  con- 
nected with  the  slave  trade. 

Art.  XXXIII.  This  authorization  shall  be  renewed  every  year.  It 
may  at  any  time  be  suspended  or  withdrawn  by  the  authorities  of  the 
power  whose  colors  the  vessel  carries. 

Art.  XXXIV.  The  act  of  authorization  shall  contain  the  statements 
necessary  to  identify  the  vessel.  The  captain  shall  have  the  keeping 
thereof.  The  name  of  the  vessel  and  the  amount  of  its  tonnage  shall 
be  cut  and  painted  in  Latin  characters  on  the  stern,  and  the  initial  or  ini- 
tials of  the  name  of  the  port  of  registry,  as  well  as  the  registration  num- 


126  INTERNATIONAL  RELATIONS 

her  in  the  series  of  the  numbers  of  that  port,  shall  be  printed  in  black  on 
the  sails. 

Art.  XXXV.  A  list  of  the  crew  shall  be  issued  to  the  captain  of  the 
vessel  at  the  port  of  departure  by  the  authorities  of  the  power  whose 
colors  it  carries.  It  shall  be  renewed  at  every  fresh  venture  of  the 
vessel,  or,  at  the  latest,  at  the  end  of  a  year,  and  in  accordance  with  the 
following  provisions : 

1.  The  vessgl   shall  be  visaed   at   the   departure   of   the   vessel   by  the 
authority  that  has  issued  it. 

2.  No  negro  can  be  engaged  as  a  seaman  on  a  vessel  without  having 
previously  been  questioned  by  the  authority  of  the  power  whose  colors 
it  carries,  or,  in  default  thereof,  by  the  territorial  authority,  with  a  view 
to  ascertaining  the  fact  of  his  having  contracted  a  free  engagement. 

3.  This  authority  shall  see  that  the  proportion  of  seamen  and  boys  is 
not  out  of  proportion  to  the  tonnage  or  rigging. 

4.  The  authorities  who  shall  have  questioned  the  men  before  their  de- 
parture shall  enter  them  on  the  list  of  the  crew  in  which  they  shall  be 
mentioned   with   a   summary   description   of   each  of   them   alongside  his 
name. 

5.  In  order  the  more  effectively  to  prevent  any  substitution,  the  sea- 
men may,  moreover,  be  provided  with  a  distinctive  mark. 

Art.  XXXVI.  When  the  captain  of  a  vessel  shall  desire  to  take  negro 
passengers  on  board,  he  shall  make  his  declaration  to  that  effect  to  the 
authority  of  the  power  whose  colors  he  carries,  or  in  default  thereof,  to 
the  territorial  authority.  The  passengers  shall  be  questioned,  and  after 
it  is  ascertained  that  they  embarked  of  their  own  free  will,  they  shall  be 
entered  in  a  special  manifest,  bearing  the  description  of  each  of  them 
alongside  of  his  name,  and  specially  sex  and  height.  Negro  children 
shall  not  be  taken  as  passengers  unless  they  are  accompanied  by  their  re- 
lations, or  by  persons  whose  respectability  is  well  known.  At  the  de- 
parture, the  passenger  roll  shall  be  visaed  by  the  aforesaid  authority  after 
it  has  been  called.  If  there  are  no  passengers  on  board,  this  shall  be 
specially  mentioned  in  the  crew-list. 

Art.  XXXVII.  At  the  arrival  at  any  port  of  call  or  of  destination,  the 
captain  of  the  vessel  shall  show  to  the  authority  of  the  power  whose  flag 
he  carries,  or,  in  default  thereof,  to  the  territorial  authority,  the  crew- 
list,  and,  if  need  be,  the  passenger-roll  previously  delivered.  The  authority 
shall  check  the  passengers  who  have  reached  their  destination  or  who 
are  stopping  in  a  port  of  call,  and  shall  mention  their  landing  in  the  roll. 
At  the  departure  of  the  vessel,  the  same  authority  shall  affix  a  fresh 
vise  to  the  list  and  roll,  and  call  the  roll  of  the  passengers. 

Art.  XXXVIII.  On  the  African  coast  and  on  the  adjacent  islands,  no 
negro  passengers  shall  be  taken  on  board  of  a  native  vessel,  except  in 
localities  where  there  is  a  resident  authority  belonging  to  one  of  the 
signatory  powers. 


GENERAL  WELFARE  CONVENTIONS  127 

Throughout  the  extent  of  the  zone  mentioned  in  Article  XXI,  no  negro 
passenger  shall  be  landed  from  a  native  vessel  except  at  a  place  in  which 
there  is  a  resident  officer  belonging  to  one  of  the  high  contracting  pow- 
ers, and  unless  such  officer  is  present  at  the  landing. 

Cases  of  vis  major  that  may  have  caused  an  infraction  of  these  pro- 
visions shall  be  examined  by  the  authority  of  the  power  whose  colors 
the  vessel  carries,  or,  in  default  thereof,  by  the  territorial  authority  of 
the  port  at  which  the  vessel  in  question  calls. 

Art.  XXXIX.  The  provisions  of  Articles  XXXV,  XXXVI,  XXXVII, 
and  XXXVIII,  are  not  applicable  to  vessels  only  partially  decked,  having 
a  crew  not  exceeding  ten  men,  and  filling  one  of  the  two  following  con- 
ditions : 

1.  That  it  be  exclusively  used  for  fishing  within  the  territorial  waters. 

2.  That  it  be  occupied  in  the  petty  coasting  trade  between  the  different 
ports  of  the  same  territorial  power,  without  going  farther  than  five  miles 
from  the  coast. 

These  different  boats  shall  receive,  as  the  case  may  be,  a  special  license 
from  the  territorial  or  consular  authority,  which  shall  be  renewed  every 
year,  and  subject  to  revocation  as  provided  in  Article  XL,  the  uniform 
model  of  which  license  is  annexed  to  the  present  general  act  and  shall  be 
communicated  to  the  international  information  office. 

Art.  XL.  Any  act  or  attempted  act  connected  with  the  slave-trade  that 
can  be  legally  shown  to  have  been  committed  by  the  captain,  fitter-out, 
or  owner  of  a  ship  authorized  to  carry  the  flag  of  one  of  the  signatory 
powers,  or  having  procured  the  license  provided  for  in  Article  XXXIX, 
shall  entail  the  immediate  withdrawal  of  the  said  authorization  or  license. 
All  violations  of  the  provisions  of  Section  2  of  Chapter  III  shall  render 
the  person  guilty  thereof  liable  to  the  penalties  provided  by  the  special 
laws  and  ordinances  of  each  of  the  contracting  parties. 

Art.  XLI.  The  signatory  powers  engage  to  deposit  at  the  international 
information  office  the  specimen  forms  of  the  following  documents: 

1.  License  to  carry  the  flag; 

2.  The  crew-list; 

3.  The  negro  passenger  list. 

These  documents,  the  tenor  of  which  may  vary  according  to  the  differ- 
ent regulations  of  each  country,  shall  necessarily  contain  the  following 
particulars,  drawn  up  in  one  of  the  European  languages: 

1.  As  regards  the  authorization  to  carry  the  flag: 

(a)  The  name,  tonnage,  rig,  and  the  principal  dimensions  of  the  vessel ; 

(b)  The  register  number  and  the  signal  letter  of  the  port  of  registry; 

(c)  The  date  of  obtaining  the  license,  and  the  office  held  by  the  per- 
son who  issued  it. 

2.  As  regards  the  list  of  the  crew : 

(a)  The  name  of  the  vessel,  of  the  captain  and  the  fitter-out  or  owner; 

(b)  The  tonnage  of  the  vessel ; 


128  INTERNATIONAL  RELATIONS 

(c)  The  register  number  and  the  port  of  registry,  its  destination,  as 
well  as  the  particulars  specified  in  Article  XXV. 

3.  As  regards  the  list  of  negro  passengers : 

The  name  of  the  vessel  which  conveys  them,  and  the  particulars  in- 
dicated in  Article  XXXVI,  for  the  proper  identification  of  the  passengers. 

The  signatory  powers  shall  take  the  necessary  measures  so  that  the 
territorial  authorities  or  their  consuls  may  send  to  the  same  office  certi- 
fied copies  of  all  authorizations  to  carry  their  flag  as  soon  as  such  author- 
izations shall  have  been  granted,  as  well  as  notices  of  the  withdrawal  of 
any  such  authorization. 

The  provisions  of  the  present  article  have  reference  only  to  papers  in- 
tended for  native  vessels. 

2.  The  stopping  of  suspected  vessels. 

Art.  XLII.  When  the  officers  in  command  of  war-vessels  of  any  of 
the  signatory  powers  have  reason  to  believe  that  a  vessel  whose  tonnage 
is  less  than  500  tons,  and  which  is  found  navigating  in  the  above-named 
zone,  is  engaged  in  the  slave-trade  or  is  guilty  of  the  fraudulent  use  of 
a  flag,  they  may  examine  the  ship's  papers. 

The  present  article  does  not  imply  any  change  in  the  present  state  of 
things  as  regards  jurisdiction  in  territorial  waters. 

Art.  XLIII.  To  this  end,  a  boat  commanded  by  a  naval  officer  in  uni- 
form may  be  sent  to  board  the  suspected  vessel  after  it  has  been  hailed 
and  informed  of  this  intention. 

The  officers  sent  on  board  of  the  vessel  which  has  been  stopped  shall 
act  with  all  possible  consideration  and  moderation. 

Art.  XLIV.  The  examination  of  the  ship's  papers  shall  consist  of  the 
examination  of  the  following  documents: 

1.  As  regards  native  vessels,  the  papers  mentioned  in  Article  XLI. 

2.  As   regards  other  vessels,   the   documents   required  by  the   different 
treaties  or  conventions  that  are  in  force. 

The  examination  of  the  ship's  papers  only  authorizes  the  calling  of  the 
roll  of  the  crew  and  passengers  in  the  cases  and  in  accordance  with  the 
conditions  provided  for  in  the  following  article. 

Art.  XLV.  The  examination  of  the  cargo  or  the  search  can  only  take 
place  in  the  case  of  vessels  sailing  under  the  flag  of  one  of  the  powers 
that  have  concluded,  or  may  hereafter  conclude  the  special  conventions 
provided  for  in  Article  XXII,  and  in  accordance  with  the  provisions  of 
such  conventions. 

Art.  XLVI.  Before  leaving  the  detained  vessel,  the  officer  shall  draw 
up  a  minute  according  to  the  forms  and  in  the  language  in  use  in  the 
country  to  which  he  belongs. 

This  minute  shall  be  dated  and  signed  by  the  officer,  and  shall  recite 
the  facts. 

The  captain  of  the  detained  vessel,  as  well  as  the  witnesses,  shall  have 


GENERAL  WELFARE  CONVENTIONS  129 

the  right  to  cause  to  be  added  to  the  minutes  any  explanations  they  may 
think  expedient. 

Art.  XLVII.  The  commander  of  a  man-of-war  who  has  detained  a 
vessel  under  a  foreign  flag  shall,  in  all  cases,  make  a  report  thereof  to  his 
own  government,  and  state  the  grounds  upon  which  he  acted. 

Art.  XLVIII.  A  summary  of  this  report,  as  well  as  a  copy  of  the 
minute  drawn  up  by  the  officer  on  board  the  detained  vessel,  shall  be  sent, 
as  soon  as  possible,  to  the  international  information  office,  which  shall 
communicate  the  same  to  the  nearest  consular  or  territorial  authority  of 
the  power  whose  flag  the  vessel  in  question  has  shown.  Duplicates  of 
these  documents  shall  be  kept  in  the  archives  of  the  bureau. 

Art.  XLIX.  If,  in  performing  the  acts  of  supervision  mentioned  in  the 
preceding  articles,  the  officer  in  command  of  the  cruiser  is  convinced  that 
an  act  connected  with  the  slave-trade  has  been  committed  on  board 
during  the  passage,  or  that  irrefutable  proofs  exist  against  the  captain, 
or  fitter-out,  for  accusing  him  of  fraudulent  use  of  the  flag,  or  fraud,  or 
participation  in  the  slave-trade,  he  shall  conduct  the  arrested  vessel  to  the 
nearest  port  of  the  zone  where  there  is  a  competent  magistrate  of  the 
power  whose  flag  has  been  used. 

Each  signatory  power  engages  to  appoint  in  the  zone,  and  to  make 
known  to  the  international  information  office,  the  territorial  or  consular 
authorities  or  special  delegates  who  are  competent  in  the  above  men- 
tioned cases. 

A  suspected  vessel  may  also  be  turned  over  to  a  cruiser  of  its  own  na- 
tion, if  the  latter  consents  to  take  charge  of  it. 

3.  Of  the  examination  and  trial  of  vessels  seized. 

Art.  L.  The  magistrate  referred  to  in  the  preceding  article,  to  whom 
the  arrested  vessel  has  been  turned  over,  shall  proceed  to  make  a  full 
investigation,  according  to  the  laws  and  rules  of  his  country,  in  the  pres- 
ence of  an  officer  belonging  to  the  foreign  cruiser. 

Art.  LI.  If  it  is  proved  by  the  inquiry  that  the  flag  has  been  fraudu- 
lently used,  the  arrested  vessel  shall  remain  at  the  disposal  of  its  captor. 

Art.  LII.  If  the  examination  shows  an  act  connected  with  the  slave- 
trade,  proved  by  the  presence  on  board  of  slaves  destined  for  sale,  or  any 
other  offense  connected  with  the  slave-trade  for  which  provision  is  made 
by  special  convention,  the  vessel  and  cargo  shall  remain  sequestered  in 
charge  of  the  magistrate  who  shall  have  conducted  the  inquiry. 

The  captain  and  crew  shall  be  turned  over  to  the  tribunals  designated 
by  Articles  LIV  and  LVI.  The  slaves  shall  be  set  at  liberty  as  soon  as 
judgment  has  been  pronounced. 

In  the  cases  provided  for  by  this  article,  liberated  slaves  shall  be  dis- 
posed of  in  accordance  with  the  special  conventions  concluded,  or  to  be 
concluded,  between  the  signatory  powers.  In  default  of  such  conven- 
tions, the  said  slaves  shall  be  turned  over  to  the  local  authority,  to  be 


130  INTERNATIONAL  RELATIONS 

sent  back,  if  possible,  to  their  country  of  origin;  if  not,  this  authority 
shall  facilitate  to  them,  in  so  far  as  it  may  be  in  its  power,  the  means  of 
livelihood,  and,  if  they  desire  it,  of  settling  on  the  spot. 

Art.  LIII.  If  it  shall  be  proved  by  the  inquiry  that  the  vessel  has 
been  illegally  arrested,  there  shall  be  clear  title  to  an  indemnity  in  pro- 
portion to  the  damages  suffered  by  the  vessel  being  taken  out  of  its  course. 

The  amount  of  this  indemnity  shall  be  fixed  by  the  authority  that  has 
conducted  the  inquiry. 

Art.  LIV.  In  case  the  officer  of  the  capturing  vessel  does  not  accept 
the  conclusions  of  the  inquiry  held  in  his  presence,  the  matter  shall  be 
turned  over  to  the  tribunal  of  the  nation  whose  flag  the  captured  vessel 
has  borne. 

No  exception  shall  be  made  to  this  rule,  unless  the  disagreement  arises 
in  respect  of  the  amount  of  the  indemnity  stipulated  in  Article  LIII,  and 
this  shall  be  fixed  by  arbitration,  as  specified  in  the  following  article. 

Art.  LV.  The  capturing  officer  and  the  authority  which  has  conducted 
the  inquiry  shall  each  appoint  a  referee  within  forty-eight  hours,  and  the 
two  arbitrators  shall  have  twenty-four  hours  to  choose  an  umpire.  The 
arbitrators  shall,  as  far  as  possible,  be  chosen  from  among  the  diplomatic, 
consular,  or  judicial  officers  of  the  signatory  powers.  Natives  in  the 
pay  of  the  contracting  Governments  are  formally  excluded.  The  decision 
shall  be  by  a  majority  of  votes,  and  be  considered  as  final. 

If  the  court  of  arbitration  is  not  constituted  in  the  time  indicated,  the 
procedure  in  respect  of  the  indemnity,  as  in  that  of  damages,  shall  be  in 
accordance  with  the  provisions  of  Article  LVIII,  paragraph  2. 

Art.  LVI.  The  cases  shall  be  brought  with  the  least  possible  delay  be- 
fore the  tribunal  of  the  nation  whose  flag  has  been  used  by  the  accused. 
However,  the  consuls  or  any  other  authority  of  the  same  nation  as  the 
accused,  specially  commissioned  to  this  end,  may  be  authorized  by  their 
Government  to  pronounce  judgment  instead  of  the  tribunal. 

Art.  LVII.  The  procedure  and  trial  of  violations  of  the  provisions  of 
Chapter  III  shall  always  be  concluded  in  as  summary  a  manner  as  is  per- 
mitted by  the  laws  and  regulations  in  force  in  the  territories  subject  to 
the  authority  of  the  signatory  powers. 

Art.  LVIII.  Any  decision  of  the  national  tribunal  or  authorities  re- 
ferred to  in  Article  LVI,  declaring  that  the  seized  vessel  did  not  carry 
on  the  slave-trade,  shall  be  immediately  enforced,  and  the  vessel  shall  be 
at  perfect  liberty  to  continue  on  its  course. 

In  this  case,  the  captain  or  owner  of  any  vessel  that  has  been  seized 
without  legitimate  ground  of  suspicion,  or  subjected  to  annoyance,  shall 
have  the  right  of  claiming  damages,  the  amount  of  which  shall  be  fixed 
by  agreement  between  the  Governments  directly  interested,  or  by  arbitra- 
tion, and  shall  be  paid  within  a  period  of  six  months  from  the  date  of 
the  judgment  acquitting  the  captured  vessel. 


GENERAL  WELFARE  CONVENTIONS  131 

Art.  LIX.  In  case  of  condemnation,  the  sequestered  vessel  shall  be 
declared  lawfully  seized  for  the  benefit  of  the  captor. 

The  captain,  crew,  and  all  other  persons  found  guilty  shall  be  punished 
according  to  the  gravity  of  the  crimes  or  offenses  committed  by  them,  and 
in  accordance  with  Article  V. 

Art.  LX.  The  provisions  of  Articles  L  and  LIX  do  not  in  any  way 
affect  the  jurisdiction  or  procedure  of  existing  special  tribunals,  or  of 
such  as  may  hereafter  be  formed  to  take  cognizance  of  offenses  con- 
nected with  the  slave-trade. 

Art.  LXI.  The  high  contracting  parties  engage  to  make  known  to  one 
another,  reciprocally,  the  instructions  which  they  shall  give,  for  the  ex- 
ecution of  the  provisions  of  Chapter  III,  to  the  commanders  of  their 
men-of-war  navigating  the  seas  of  the  zone  referred  to. 

Chapter  IV.    Countries  to  which  slaves  are  sent,  whose  institutions 
recognize  the  existence  of  domestic  slavery. 

Art.  LXII.  The  contracting  powers  whose  institutions  recognize  the 
existence  of  domestic  slavery,  and  whose  possessions,  in  consequence 
thereof,  in  or  out  of  Africa,  serve,  in  spite  of  the  vigilance  of  the  authori- 
ties, as  places  of  destinations  of  African  slaves,  pledge  themselves  to  pro- 
hibit their  importation,  transit  and  departure,  as  well  as  the  trade  in 
slaves.  The  most  active  and  the  strictest  supervision  shall  be  enforced  at 
all  places  where  the  arrival,  transit,  and  departure  of  African  slaves  take 
place. 

Art.  LXII  I.  Slaves  set  free  under  the  provisions  of  the  preceding 
article  shall,  if  circumstances  permit,  be  sent  back  to  the  country  from 
whence  they  came.  In  all  cases  they  shall  receive  letters  of  liberation 
from  the  competent  authorities,  and  shall  be  entitled  to  their  protection 
and  assistance  for  the  purpose  of  obtaining  means  of  subsistence. 

Art.  LXIV.  Any  fugitive  slave  arriving  at  the  frontier  of  any  of  the 
powers  mentioned  in  Article  LXII  shall  be  considered  free,  and  shall  have 
the  right  to  claim  letters  of  release  from  the  competent  authorities. 

Art.  LXV.  Any  sale  or  transaction  to  which  the  slaves  referred  to  in 
Articles  LXIII  and  LXIV  may  have  been  subjected  through  circum- 
stances of  any  kind  whatsoever,  shall  be  considered  as  null  and  void. 

Art.  LXVI.  Native  vessels  carrying  the  flag  of  one  of  the  countries 
mentioned  in  Article  LXII,  if  there  is  any  indication  that  they  are  em- 
ployed in  operations  connected  with  the  slave-trade,  shall  be  subjected  by 
the  local  authorities  in  the  ports  frequented  by  them  to  a  strict  examina- 
tion of  their  crews  and  passengers  both  on  arrival  and  departure.  If 
African  slaves  are  found  on  board,  judicial  proceedings  shall  be  insti- 
tuted against  the  vessel  and  against  all  persons  who  may  be  implicated. 
Slaves  found  on  board  shall  receive  letters  of  release  through  the  authori- 
ties who  have  seized  the  vessel. 


132  INTERNATIONAL  RELATIONS 

Art.  LXVII.  Penal  provisions  similar  to  those  provided  for  by  Article 
V  shall  be  enacted  against  persons  importing,  transporting,  and  trading 
in  African  slaves,  against  the  mutilators  of  male  children,  or  adults,  and 
those  who  traffic  in  them,  as  well  as  against  their  associates  and  accom- 
plices. 

Art.  LXVIII.  The  signatory  powers  recognize  the  great  importance 
of  the  law  respecting  the  prohibition  of  the  slave-trade  sanctioned  by  His 
Majesty  the  Emperor  of  the  Ottomans  on  the  4th  (i6th)  of  December, 
1889  (22  Rebi-ul-Akhir,  1307),  and  they  are  assured  that  an  active  sur- 
veillance will  be  organized  by  the  Ottoman  authorities,  especially  on  the 
west  coast  of  Arabia  and  on  the  routes  which  place  that  coast  in  com- 
munication with  the  other  possessions  of  His  Imperial  Majesty  in  Asia. 

Art.  LXIX.  His  Majesty  the  Shah  of  Persia  consents  to  organize  an 
active  surveillance  in  the  territorial  waters  and  those  off  the  coast  of  the 
Persian  Gulf  and  'Gulf  of  Oman  which  are  under  his  sovereignty,  and 
on  the  inland  routes  which  serve  for  the  transportation  of  slaves.  The 
magistrates  and  other  authorities  shall,  to  this  effect,  receive  the  necessary 
powers. 

Art.  LXX.  His  Highness  the  Sultan  of  Zanzibar  consents  to  give  his 
most  effective  support  to  the  repression  of  crimes  and  offenses  commit- 
ted by  African  slave-traders  on  land  as  well  as  at  sea.  The  tribunals 
created  for  this  purpose  in  the  Sultanate  of  Zanzibar  shall  rigorously  en- 
force the  penal  provisions  mentioned  in  Article  V.  In  order  to  render 
more  secure  the  freedom  of  liberated  slaves,  both  in  virtue  of  the  pro- 
visions of  the  present  general  act  and  of  the  decrees  adopted  in  this 
matter  by  His  Highness  and  his  predecessors,  a  liberation  office  shall  be 
established  in  Zanzibar. 

Art.  LXXI.  The  diplomatic  and  consular  agents  and  the  naval  offi- 
cers of  the  contracting  powers  shall,  within  the  limits  of  existing  con- 
ventions, give  their  assistance  to  the  local  authorities  in  order  to  assist 
in  repressing  the  slave-trade  where  it  still  exists.  They  shall  be  en- 
titled to  be  present  at  trials  for  slave-trading  brought  about  at  their  in- 
stance, without,  however,  being  entitled,  to  take  part  in  the  deliberations. 

Art.  LXXII.  Liberation  offices,  or  institutions  in  lieu  thereof,  shall 
be  organized  by  the  governments  of  the  countries  to  which  African  slaves 
are  sent,  for  the  purposes  specified  in  Article  XVIII. 

Art.  LXXIII.  The  signatory  powers  having  undertaken  to  communi- 
cate to  one  another  all  information  useful  for  the  repression  of  the  slave- 
trade,  the  Governments  whom  the  present  chapter  concerns  shall  peri- 
odically exchange  with  the  other  Governments  statistical  data  relating 
to  slaves  intercepted  and  liberated,  and  to  the  legislative  and  adminis- 
trative measures  which  have  been  taken  for  suppressing  the  slave-trade. 


GENERAL  WELFARE  CONVENTIONS  133 

Chapter  V.     Institutions  intended  to  insure  the  execution  of  the 

general  act. 
Section  I.     Of  the  international  maritime  office. 

Art.  LXXIV.  In  accordance  with  the  provisions  of  Article  XXVII, 
an  international  office  shall  be  instituted  at  Zanzibar,  in  which  each  of 
the  signatory  powers  may  be  represented  by  a  delegate. 

Art.  LXXV.  The  office  shall  be  constituted  as  soon  as  three  powers 
have  appointed  their  respresentatives. 

It  shall  draw  up  regulations  fixing  the  manner  of  exercising  its  func- 
tions. These  regulations  shall  immediately  be  submitted  to  the  approval 
of  such  signatory  powers  as  shall  have  signified  their  intention  of  being 
represented  in  this  office.  They  shall  decide  in  this  respect  within  the 
shortest  possible  time. 

Art.  LXXVI.  The  expenses  of  this  institution  shall  be  divided  in  equal 
parts  among  the  signatory  powers  mentioned  in  the  preceding  article. 

Art.  LXXVI  I.  The  object  of  the  office  at  Zanzibar  shall  be  to  central- 
ize all  documents  and  information  of  a  nature  to  facilitate  the  repression 
of  the  slave-trade  in  the  maritime  zone.  For  this  purpose  the  signatory 
powers  engage  to  forward  within  the  shortest  time  possible : 

1.  The  documents  specified  in  Article  XLI. 

2.  Summaries  of  the  reports  and  copies  of  the  minutes  referred  to  in 
Article  XLVIII. 

3.  The  lists  of  the  territorial  or  consular  authorities  and  special  dele- 
gates competent  to  take  action  as  regards  vessels  seized  according  to  the 
terms  of  Article  XLIX. 

4.  Copies  of  judgments  and  condemnations  in  accordance  with  Article 
LVIII. 

5.  All  information  that  may  lead  to  the  discovery  of  persons  engaged 
in  the  slave-trade  in  the  above-mentioned  zone. 

Art.  LXXVI II.  The  archives  of  the  office  shall  always  be  open  to  the 
naval  officers  of  the  signatory  powers  authorized  to  act  within  the  limits 
of  the  zone  defined  by  Article  XXI,  as  well  as  to  the  territorial  or  judicial 
authorities,  and  to  consuls  specially  designated  by  their  Governments. 

The  office  shall  supply  to  foreign  officers  and  agents  authorized  to  con- 
sult its  archives,  translations  into  a  European  language  of  documents 
written  in  an  oriental  language. 

It  shall  make  the  communications  provided  for  in  Article  XLVIII. 

Art.  LXXIX.  Auxiliary  offices  in  communication  with  the  office  at 
Zanzibar  may  be  established  in  certain  parts  of  the  zone,  in  pursuance  of 
a  previous  agreement  between  the  interested  powers. 

They  shall  be  composed  of  delegates  of  these  powers,  and  established  in 
accordance  with  Articles  LXXV,  LXXVI,  and  LXXVIII. 

The  documents  and  information  specified  in  Article  LXXVII,  so   far 


134  INTERNATIONAL  RELATIONS 

as  they  relate  to  a  part  of  the  zone  specially  concerned,  shall  be  sent  to 
them  directly  by  the  territorial  and  consular  authorities  of  the  region  in 
question,  but  this  shall  not  exempt  the  latter  from  the  duty  of  communi- 
cating the  same  to  the  office  at  Zanzibar,  as  provided  by  the  same  article. 
Art.  LXXX.  The  office  at  Zanzibar  shall  prepare  in  the  first  two 
months  of  every  year,  a  report  of  its  own  operations  and  of  those  of  the 
auxiliary  offices,  during  the  past  twelve  months. 

Section   II.     Of   the   exchange   between   the  Governments   of   documents 

and  information  relating  to  the  slave-trade. 

Art.  LXXXI.  The  powers  shall  communicate  to  one  another,  to  the 
fullest  extent  and  with  the  least  delay  that  they  shall  consider  possible : 

1.  The   text   of   the    laws   and   administrative    regulations,    existing   or 
enacted  by  application  of  the  clauses  of  the  present  general  act; 

2.  Statistical  information  concerning  the  slave-trade,  slaves  arrested  and 
liberated,  and  the  traffic  in  fire-arms,  ammunition,  and  alcoholic  liquors. 

Art.  LXXXII.  The  exchange  of  these  documents  and  information 
shall  be  centralized  in  a  special  office  attached  to  the  foreign  office  at 
Brussels. 

Art.  LXXXIII.  The  office  at  Zanzibar  shall  forward  to  it  every  year 
the  report  mentioned  in  Article  LXXX,  concerning  its  operations  during 
the  past  year,  and  concerning  those  of  auxiliary  offices  that  may  have 
been  established  in  accordance  with  Article  LXXIX. 

Art.  LXXXI V.  The  documents  and  information  shall  be  collected  and 
published  periodically,  and  addressed  to  all  the  signatory  powers.  This 
publication  shall  be  accompanied  every  year  by  an  analytical  table  of  the 
legislative,  administrative,  and  statistical  documents  mentioned  in  Arti- 
cles LXXXI  and  LXXXIII. 

Art.  LXXXV.  The  office  expenses  as  well  as  those  incurred  in  cor- 
respondence, translation,  and  printing,  shall  be  shared  by  all  the  signatory 
powers,  and  shall  be  collected  through  the  agency  of  the  department  of 
the  foreign  office  at  Brussels. 

Section  III.    Of   the  protection   of   liberated   slaves. 

Art.  LXXXVI.  The  signatory  powers  having  recognized  the  duty  of 
protecting  liberated  slaves  in  their  respective  possessions,  engage  to  es- 
tablish, if  they  do  not  already  exist,  in  the  ports  of  the  zone  determined 
by  Article  XXI,  and  in  such  parts  of  their  possessions  as  may  be  places 
for  the  capture,  passage  and  arrival  of  African  slaves,  such  offices  and 
institutions  as  may  be  deemed  sufficient  by  them,  whose  business  shall 
specially  consist  in  liberating  and  protecting  them  in  accordance  with  the 
provisions  of  Articles  VI,  XVIII,  LII,  LXHI  and  LXVI. 

Art.  LXXXVII.  The  liberation  offices  or  the  authorities  charged  with 
this  service  shall  deliver  letters  of  release  and  shall  keep  a  register  thereof. 

In  case  of  the  denunciation  of  an  act  connected  with  the  slave-trade,  or 
one  of  illegal  detention,  or  on  application  of  the  slaves  themselves,  the 


GENERAL  WELFARE  CONVENTIONS  135 

said  offices  or  authorities  shall  exercise  all  necessary  diligence  to  insure 
the  release  of  the  slaves  and  the  punishment  of  the  offenders. 

The  delivery  of  letters  of  release  shall  in  no  case  be  delayed,  if  the 
slave  be  accused  of  a  crime  or  offense  against  the  common  law.  But 
after  the  delivery  of  the  said  letters  an  investigation  shall  be  proceeded 
with  in  the  form  established  by  the  ordinary  procedure. 

Art.  LXXXVIII.  The  signatory  powers  shall  favor,  in  their  posses- 
sions, the  foundation  of  establishments  of  refuge  for  women  and  of 
education  for  liberated  children. 

Art.  LXXXIX.  Freed  slaves  may  always  apply  to  the  offices  for  pro- 
tection in  the  enjoyment  of  their  freedom. 

Whoever  shall  have  used  fraudulent  or  violent  means  to  deprive  a  freed 
slave  of  his  letters  of  release  or  of  his  liberty,  shall  be  considered  as  a 
slave-dealer. 

Chapter  VI.     Measures  to  restrict  the  traffic  in  spirituous  liquors. 

Art.  XC.  Being  justly  anxious  concerning  the  moral  and  material  con- 
sequences to  which  the  abuse  of  spirituous  liquors  subjects  the  native 
population,  the  signatory  powers  have  agreed  to  enforce  the  provisions 
of  articles  XCI,  XCII  and  XCIII  within  a  zone  extending  from  the  2Oth 
degree  of  North  latitude  to  the  22d  degree  of  South  latitude,  and  bounded 
on  the  west  by  the  Atlantic  Ocean  and  on  the  east  by  the  Indian  Ocean 
and  its  dependencies,  including  the  islands  adjacent  to  the  main  land 
within  ico  nautical  miles  from  the  coast. 

Art.  XCI.  In  the  districts  of  this  zone  where  it  shall  be  ascertained 
that,  either  on  account  of  religious  belief  or  from  some  other  causes,  the 
use  of  distilled  liquors  does  not  exist  or  has  not  been  developed,  the 
powers  shall  prohibit  their  importation.  The  manufacture  of  distilled 
liquors  shall  be  likewise  prohibited  there. 

Each  power  shall  determine  the  limits  of  the  zone  of  prohibition  of 
alcoholic  liquors  in  its  possessions  or  protectorates,  and  shall  be  bound 
to  make  known  the  limits  thereof  to  the  other  powers  within  the  space 
of  six  months. 

The  above  prohibition  can  only  be  suspended  in  the  case  of  limited 
quantities  intended  for  the  consumption  of  the  non-native  population  and 
imported  under  the  regime  and  conditions  determined  by  each  Government. 

Art.  XCII.  The  powers  having  possessions  or  exercising  protectorates 
in  those  regions  of  the  zone  which  are  not  subjected  to  the  regime  of  the 
prohibition,  and  into  which  alcoholic  liquors  are  at  present  either  freely 
imported  or  pay  an  import  duty  of  less  than  15  francs  per  hectolitre  at 
50  degrees  centigrade,  engage  to  levy  on  such  alcoholic  liquors  an  import 
duty  of  15  francs  per  hectolitre  at  50  degrees  centigrade,  for  three  years 
after  the  present  general  act  comes  into  force.  At  the  expiration  of  this 
period  the  duty  may  be  increased  to  25  francs  during  a  fresh  period  of 
three  years.  At  the  end  of  the  sixth  year  it  shall  be  submitted  to  re- 


136  INTERNATIONAL  RELATIONS 

vision,  for  the  purpose  of  then  fixing,  if  possible,  a  minimum  duty 
throughout  the  whole  extent  of  the  zone  where  the  prohibition  referred 
to  in  Article  XCI  is  not  in  force. 

The  powers  retain  the  right  of  maintaining  and  increasing  the  duties 
beyond  the  minimum  fixed  by  the  present  article  in  those  regions  where 
they  already  possess  that  right. 

Art.  XCIII.  Distilled  liquors  manufactured  in  the  regions  referred  to 
in  Article  XCII,  and  intended  for  inland  consumption,  shall  be  subject  to 
an  excise  duty. 

This  excise  duty,  the  collection  of  which  the  powers  engage  to  secure, 
as  far  as  possible,  shall  not  be  less  than  the  minimum  import  duty  fixed 
by  article  XCII. 

Art.  XCIV.  The  signatory  powers  having  possessions  in  Africa  con- 
tiguous to  the  zone  specified  in  Article  XC  engage  to  adopt  the  necessary 
measures  for  preventing  the  introduction  of  spirituous  liquors  within  the 
territories  of  the  said  zone  via  their  inland  frontiers. 

Art.  XCV.  The  powers  shall  communicate  to  one  another,  through  the 
office  at  Brussels,  and  according  to  the  terms  of  Chapter  V,  information 
relating  to  the  traffic  in  alcoholic  liquors  within  their  respective  terri- 
tories. 

Chapter  VII.     Final  Provisions. 

Art.  XCVI.  The  present  general  act  repeals  all  contrary  stipulations  of 
conventions  previously  concluded  between  the  signatory  powers. 

Art.  XCVI'I.  The  signatory  powers,  without  prejudice  to  the  stipula- 
tions contained  in  Articles  XIV,  XXIII,  and  XCII,  reserve  the  right  of 
introducing  into  the  present  general  act,  hereafter  and  by  common  con- 
sent, such  modifications  or  improvements  as  experience  may  prove  to  be 
useful. 

Art.  XCVIII.  Powers  who  have  not  signed  the  present  general  act 
shall  be  allowed  to  adhere  to  it. 

The  signatory  powers  reserve  the  right  to  impose  such  conditions  as 
they  may  deem  necessary  to  their  adhesion. 

If  no  conditions  shall  be  stipulated,  adhesion  implies  acceptance  of  all 
the  obligations  and  admission  to  all  the  advantages  stipulated  by  the 
present  general  act. 

The  powers  shall  agree  among  themselves  as  to  the  steps  to  be  taken 
to  secure  the  adhesion  of  states  whose  cooperation  may  be  necessary  or 
useful  in  order  to  insure  complete  execution  of  the  general  act. 

Adhesion  shall  be  effected  by  a  separate  act.  Notice  thereof  shall  be 
given  through  the  diplomatic  channel  to  the  'Government  of  the  King  of 
the  Belgians,  and  by  that  Government  to  all  the  signatory  and  adherent 
states. 

Art.  XCIX.  The  present  general  act  shall  be  ratified  within  the  short- 
est possible  period,  which  shall  not  in  any  case  exceed  one  year. 


GENERAL  WELFARE  CONVENTIONS  137 

Each  power  shall  address  its  ratification  to  the  Government  of  the 
King  of  the  Belgians,  which  shall  give  notice  thereof  to  all  the  other 
powers  that  have  signed  the  present  general  act. 

The  ratifications  of  all  the  powers  shall  remain  deposited  in  the  arch- 
ives of  the  Kingdom  of  Belgium. 

As  soon  as  all  of  the  ratifications  shall  have  been  furnished,  or  at  the 
latest  one  year  after  the  signature  of  the  present  general  act,  their  de- 
livery shall  be  recorded  in  a  protocol  which  shall  be  signed  by  the  rep- 
resentatives of  all  the  powers  that  have  ratified. 

A  certified  copy  of  this  protocol  shall  be  forwarded  to  all  the  powers 
interested. 

Art.  C.  The  present  general  act  shall  come  into  force  in  all  the  pos- 
sessions of  the  contracting  powers  on  the  sixtieth  day,  reckoned  from  the 
day  on  which  the  protocol  provided  for  in  the  preceding  article  shall  have 
been  drawn  up. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed  the 
present  general  act,  and  have  affixed  their  seals. 

Done  at  Brussels  the  2d  day  of  the  month  of  July,  1890. 

(Signatures)22 

The  resolution  passed  by  the  Senate  of  the  United  States 
on  January  n,  1892,  ratifying  the  convention,  contains  the 
following  peculiar  provision : 

"That  the  United  States  of  America,  having  neither  possess- 
ions nor  protectorates  in  Africa,  hereby  disclaims  any  inten- 
tion, in  ratifying  this  treaty,  to  indicate  any  interest  whatso- 
ever in  the  possessions  or  protectorates  established  or  claimed 
on  that  continent  by  the  other  powers,  or  any  approval  of  the 
wisdom,  expediency  or  lawfulness  thereof,  and  does  not  join 
in  any  expressions  in  the  said  General  Act  which  might  be 
construed  as  such  a  declaration  or  acknowledgment;  and,  for 
this  reason,  that  it  is  desirable  that  a  copy  of  this  resolution  be 
inserted  in  the  protocol  to  be  drawn  up  at  the  time  of  the  ex- 
change of  the  ratifications  of  this  treaty  on  the  part  of  the 
United  States."23 

A  further  Convention  relating  to  the  importation  of  intoxi- 
cating liquors  into  Africa  was  signed  at  Brussels  June  8,  1899, 
and  proclaimed  by  the  United  States  February  6,  1901.  It 
deals  only  with  import  duties  and  excise  taxes  on  liquors.24  A 

22  Senate  Documents,  2d  Session,  6ist  Congress,  48,  1964  to  1990. 

23  Id.  1991. 

24  Senate  Documents,  2d  Session,  6ist  Congress,  48-1991. 


138  INTERNATIONAL  RELATIONS 

further  Convention  on  the  same  subject  was  signed  at  Brus- 
sels, November  3,  igo6.25 

Another  Convention  for  the  formation  of  an  association  un- 
der the  title,  "International  Union  for  the  publication  of  Cus- 
toms Tariffs"  was  concluded  at  Brussels  on  July  5,  1890,  by 
representatives  of  thirty  nations  and  proclaimed  December  17, 
1890.  The  purposes  of  the  Union  are  expressed  in  Article  2 
as  follows : 

"Art.  II.  The  object  of  the  Union  is  to  publish,  at  the 
common  expense,  and  to  make  known,  as  speedily  and  accur- 
ately as  possible,  the  customs  tariffs  of  the  various  States  of 
the  globe  and  the  modifications  that  may,  in  future,  be  made 
in  those  tariffs." 

It  provides  for  the  establishment  of  an  International  Bureau 
at  Brussels  and  the  publication  of  an  "International  Customs 
Bulletin."26 

The  "Boxer"  troubles  in  China  caused  the  intervention  of 
the  leading  Powers  of  Europe,  Japan  and  the  United  States  to 
preserve  order  and  protect  their  legations  at  Pekin.  The  final 
Protocol  between  these  Powers  and  China  was  concluded  at 
Pekin  on  September  7,  1901,  and  provided  for  the  payment 
by  China  of  an  indemnity  of  450,000,000  Haikwan  Taels  for 
States,  companies  or  societies  and  private  individuals,  includ- 
ing some  Chinese,  the  punishment  of  certain  persons  connected 
with  the  uprising,  the  erection  of  monuments  to  certain  per- 
sons who  had  been  killed  during  the  troubles,  and  formal  ex- 
pressions of  regret  by  the  Emperor  of  China  for  the  assassina- 
tion of  the  German  and  Japanese  ministers.  The  parties  to 
this  Protocol  were  China,  Germany,  Austria-Hungary,  Bel- 
gium, Spain,  United  States,  France,  Great  Britain,  Italy,  Japan, 
The  Netherlands,  and  Russia.  These  great  Powers  acted  in 
concert  as  a  League  to  Enforce  Internal  Peace  in  China  dur- 
ing these  troubles  and  to  compel  the  payment  of  indemnities 
for  the  wrongs  done  after  their  termination.28 

A  very  necessary  and  important  piece  of  international  legis- 

23  Id.  1993. 
26  Id.  2214. 
28  Senate  Documents,  2d  Session.  6ist  Congress,  48,  2006. 


GENERAL  WELFARE  CONVENTIONS  139 

lation  is  the  ''International  Sanitary  Convention  which  was 
concluded  at  Paris  December  3,  1903,  by  the  following  signa- 
tory Powers:  German  Empire,  Austria-Hungary,  Belgium, 
Brazil,  Spain,  United  States,  France,  Great  Britain,  Greece, 
Italy,  Luxemburg,  Montenegro,  Netherlands,  Persia,  Portu- 
gal, Roumania,  Russia,  Servia,  Switzerland,  and  Egypt.  Its 
purpose  is  to  prevent  the  spread  of  plague  and  cholera.  As 
this  field  was  more  fully  covered  by  the  convention  of  Paris 
of  1912  which  is  given  below  in  full  it  is  not  deemed  necessary 
to  make  further  mention  of  this  one.29 

The  traffic  in  African  slaves  is  not  the  only  one  in  human 
beings  to  shock  the  moral  sense  of  enlightened  people.  Pros- 
titution has  claimed  countless  victims  in  Europe  and  America, 
as  well  as  in  other  less  highly  organized  parts  of  the  earth. 
By  the  general  act  for  the  suppression  of  the  African  slave- 
trade  the  leading  nations  of  Europe  sought  to  protect  the  de- 
fenseless people  of  Africa.  It  was  not  necessary  to  go  so 
far  from  home  to  find  defenseless  people  needing  protection 
from  quite  as  vile  trafficers  as  the  slave-traders.  Statistics 
showing  the  extent  of  the  trade  in  white  women  and  girls  are 
not  available,  but  it  has  been  sufficient  to  attract  the  attention 
of  the  public  authorities  of  Europe  and  America  and  to  bring 
about  an  agreement  for  combined  effort  to  repress  the  traffic. 
With  this  purpose  in  view  the  following  convention  was 
signed  at  Paris  in  1904. 

AGREEMENT  BETWEEN  THE  UNITED   STATES  AND  OTHER 

POWERS  FOR  THE  REPRESSION  OF  THE  TRADE 

IN  WHITE  WOMEN 

Article  I.  Each  of  the  Contracting  Governments  agrees  to  establish 
or  designate  an  authority  who  will  be  directed  to  centralize  all  informa- 
tion concerning  the  procuration  of  women  or  girls  both  in  a  view  to 
their  debauchery  in  a  foreign  country;  that  authority  shall  have  the  right 
to  correspond  directly  with  the  similar  service  established  in  each  of  the 
other  Contracting  States. 

Art.  2.  Each  of  the  Governments  agree  to  exercise  a  supervision  for 
the  purpose  of  finding  out,  particularly  in  the  stations,  harbours  of  em- 
barkation and  on  the  journey,  the  conductors  of  women  or  girls  intended 
for  debauchery.  Instructions  shall  be  sent  for  that  purpose  to  the  offi- 

29  Infra,  p.  383. 


HO  INTERNATIONAL  RELATIONS 

cials  or  to  any  other  qualified  persons,  in  order  to  procure,  within  the 
limits  of  the  laws,  all  information  of  a  nature  to  discover  a  criminal 
traffic. 

The  arrival  of  persons  appearing  evidently  to  be  the  authors,  the  ac- 
complices or  the  victims  of  such  a  traffic  will  be  notified,  in  each  case, 
either  to  the  authorities  of  the  place  of  destination  or  to  the  interested 
diplomatic  or  consular  agents,  or  to  any  other  competent  authorities. 

Art.  3.  The  Governments  agree  to  receive,  in  each  case,  within  the 
limits  of  the  laws,  the  declarations  of  women  and  girls  of  foreign  na- 
tionality who  surrender  themselves  to  prostitution,  with  a  view  to  estab- 
lish their  identity  and  their  civil  status  and  to  ascertain  who  has  in- 
duced them  to  leave  their  country.  The  information  received  will  be 
communicated  to  the  authorities  of  the  country  of.  origin  of  the  said 
women  or  girls,  with  a  view  to  their  eventual  return. 

The  'Governments  agree,  within  the  limits  of  the  laws  and  as  far  as 
possible,  to  confide  temporarily  and  with  a  view  to  their  eventual  re- 
turn, the  victims  of  criminal  traffic,  when  they  are  without  any  resources, 
to  some  institution  of  public  or  private  charity  or  to  private  individuals 
furnishing  the  necessary  guaranties. 

The  Governments  agree  also,  within  the  limits  of  the  laws  to  return  to 
the  country  of  origin,  those  of  those  women  or  girls  who  ask  their  return 
or  who  may  be  claimed  by  persons  having  authority  over  them.  Return 
will  be  made  only  after  reaching  an  understanding  as  to  their  identity 
and  nationality,  as  well  to  the  place  and  date  of  their  arrival  at  the  fron- 
tiers. Each  of  the  Contracting  Parties  will  facilitate  the  transit  on  his 
territory. 

The  correspondence  relative  to  the  return  will  be  made,  as  far  as  pos- 
sible, through  the  direct  channel. 

Art.  4.  In  case  the  woman  or  girl  to  be  sent  back  can  not  pay  herself 
the  expenses  of  her  transportation  and  she  has  neither  husband,  nor 
relations,  nor  guardian  to  pay  for  her  the  expenses  occasioned  by  her 
return,  they  shall  be  borne  by  the  country  or  the  territory  of  which  she 
resides  as  far  as  the  nearest  frontier  or  port  of  embarkation  in  the  di- 
rection of  the  country  of  origin,  and  by  the  country  of  origin  for  the 
remainder. 

Art.  5.  The  provisions  of  the  above  articles  3  and  4,  shall  not  in- 
fringe upon  the  provisions  of  special  conventions  which  may  exist  be- 
tween the  contracting  Governments. 

Art.  6.  The  Contracting  Governments  agree,  within  the  limits  of  the 
laws,  to  exercise,  as  far  as  possible,  a  supervision  over  the  bureaux  or 
agencies  which  occupy  themselves  with  finding  places  for  women  or  girls 
in  foreign  countries. 

Art.  7.  The  non-signatory  States  are  admitted  to  adhere  to  the  present 
Arrangement.  For  this  purpose,  they  shall  notify  their  intention,  through 


GENERAL  WELFARE  CONVENTIONS  141 

the  diplomatic  channel,  to  the   French  Government,   which   shall  inform 
all  the  contracting  States. 

Art.  8.  The  present  arrangement  shall  take  effect  six  months  after 
the  date  of  the  exchange  of  ratifications.  In  case  one  of  the  contracting 
Parties  shall  denounce  it,  that  denunciation  shall  take  effect  only  as  re- 
gards that  party  and  then  twelve  months  only  from  the  date  of  the  day 
of  the  said  denunciation. 

Art.  9.  The  present  arrangement  shall  be  ratified  and  the  ratifications 
shall  be  exchanged  at  Paris,  as  soon  as  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the  pres- 
ent Agreement,  and  thereunto  affixed  their  seals. 

Done  at  Paris,  the  i8th  May,  1904,  in  single  copy,  which  shall  be  de- 
posited in  the  archives  of  the  Ministry  of  Foreign  Affairs  of  the  French 
Republic,  and  of  which  one  copy,  certified  correct,  shall  be  sent  to  each 
Contracting  Party. 

(Signatures).30 

The  parties  to  this  Agreement  are  Germany,  Belgium,  Den- 
mark, Spain,  France,  Great  Britain,  Italy,  The  Netherlands, 
Portugal,  Russia,  Sweden  and  Norway,  and  Switzerland.  On 
the  invitation  of  France  the  United  States  adhered  to  it  on 
June  6,  1908. 

At  a  largely  attended  conference  of  representatives  of  the 
nations  held  at  Rome  in  1905  a  convention  was  signed  creat- 
ing another  permanent  international  agency  called  the  Inter- 
national Institute  of  Agriculture.  The  Institute  has  been  or- 
ganized and  all  the  nations  participate  in  it.  It  performs  a 
valuable,  though  quite  inconspicuous,  function  in  gathering 
and  disseminating  information  concerning  agricultural  pro- 
ducts, both  vegetable  and  animal,  and  commerce  in  them.  The 
following  is  a  full  copy  of  the  convention : 

CONVENTION  FOR  THE  CREATION  OF  AN  INTERNATIONAL 
INSTITUTE  OF  AGRICULTURE 

Article  I.  There  is  hereby  created  a  permanent  international  institute 
of  agriculture,  having  its  seat  in  Rome. 

Art.  2.  The  international  institute  of  agriculture  is  to  be  a  government 
institution,  in  which  each  adhering  power  shall  be  represented  by  dele- 
gates of  its  choice. 

The  institute  shall  be  composed  of  a  general  assembly  and  a  permanent 
committee,  the  composition  and  duties  of  which  are  defined  in  the  ensu- 
ing articles. 

30  Senate  Documents,  2d  Session,  6ist  Congress,  48,  2131. 


142  INTERNATIONAL  RELATIONS 

Art.  3.  The  general  assembly  of  the  institute  shall  be  composed  of  the 
representatives  of  the  adhering  governments.  Each  nation,  whatever  be 
the  number  of  its  delegates,  shall  be  entitled  to  a  number  of  votes  in  the 
assembly  which  shall  be  determined  according  to  the  group  to  which  it 
belongs,  and  to  which  reference  will  be  made  in  article  10. 

Art.  4.  The  general  assembly  shall  elect  for  each  session  from  among 
its  members  a  president  and  two  vice-presidents. 

The  sessions  shall  take  place  on  dates  fixed  by  the  last  general  as- 
sembly and  according  to  a  programme  proposed  by  the  permanent  com- 
mittee and  adopted  by  the  adhering  governments. 

Art.  5.  The  general  assembly  shall  exercise  supreme  control  over  the 
international  institute  of  agriculture. 

It  shall  approve  the  projects  prepared  by  the  permanent  committee  re- 
garding the  organization  and  internal  workings  of  the  institute.  It  shall 
fix  the  total  amount  of  the  expenditures  and  audit  and  approve  the  ac- 
counts. 

It  shall  submit  to  the  approval  of  the  adhering  governments  modifica- 
tions of  any  nature  involving  an  increase  of  expenditure  or  an  enlarge- 
ment of  the  functions  of  the  institute.  It  shall  set  the  date  for  holding 
the  sessions.  It  shall  prepare  its  regulations. 

The  presence  at  the  general  assemblies  of  delegates  representing  two- 
thirds  of  the  adhering  nations  shall  be  required  in  order  to  render  the 
deliberations  valid. 

Art.  6.  The  executive  power  of  the  institute  is  intrusted  to  the  per- 
manent committee,  which,  under  the  direction  and  control  of  the  general 
assembly,  shall  carry  out  the  decisions  of  the  latter  and  prepare  propo- 
sitions to  submit  to  it. 

Art.  7.  The  permanent  committee  shall  be  composed  of  members  desig- 
nated by  the  respective  governments.  Each  adhering  nation  shall  be  rep- 
resented in  the  permanent  committee  by  one  member.  However,  the 
representation  of  one  nation  may  be  intrusted  to  a  delegate  of  another 
adhering  nation,  provided  that  the  actual  number  of  members  shall  not 
be  less  than  fifteen. 

The  conditions  of  voting  in  the  permanent  committee  shall  be  the 
same  as  those  indicated  in  article  3  for  the  general  assemblies. 

Art.  8.  The  permanent  committee  shall  elect  from  among  its  members 
for  a  period  of  three  years  a  president  and  a  vice-president,  who  may 
be  reelected.  It  shall  prepare  its  internal  regulations,  vote  the  budget 
of  the  institute  within  the  limit  of  the  funds  placed  at  its  disposal  by  the 
general  assembly,  and  appoint  and  remove  the  officials  and  employees  of 
its  office. 

The  general  secretary  of  the  permanent  committee  shall  act  as  secretary 
of  the  assembly. 

Art.  9.  The  institute,  confining  its  operations  within  an  international 
sphere,  shall — 


GENERAL  WELFARE  CONVENTIONS  143 

(a)  Collect,  study,  and  publish  as  promptly  as  possible  statistical,  tech- 
nical, or  economic  information  concerning   farming,  both  vegetable  and 
animal  products,  the  commerce  in  agricultural  products,  and   the  prices 
prevailing  in  the  various  markets ; 

(b)  Communicate   to  parties   interested,   also   as   promptly  as   possible, 
all  the  information  just  referred  to; 

(c)  Indicate  the  wages  paid  for  farm  work; 

(d)  Make  known  the  new  diseases  of  vegetables  which  may  appear  in 
any  part  of  the  world,  showing  the  territories  infected,  the  progress  of 
the  disease,  and,  if  possible,  the  remedies  which  are  effective  in  combating 
them. 

(e)  Study    questions    concerning    agricultural    cooperation,    insurance, 
and  credit  in  all  aspects;  collect  and  publish  information   which  might 
be  useful  in  the  various  countries  in  the  organization  of  the  works  con- 
nected with  agricultural  cooperation,  insurance,  and  credit ; 

(f)  Submit  to  the  approval  of  the  governments,  if  there  is  occasion 
for  it,  measures  for  the  protection  of  the  common  interests  of   farmers 
and  for  the  improvement  of  their  condition,  after  having  utilized  all  the 
necessary  sources  of  information,  such  as  the  wishes  expressed  by  inter- 
national or  other  agricultural  congresses  or  congresses   of   sciences  ap- 
plied to  agriculture,  agricultural  societies,  academies,  learned  bodies,  etc. 

All  questions  concerning  the  economic  interests,  the  legislation,  and  the 
administration  of  a  particular  nation  shall  be  excluded  from  the  con- 
sideration of  the  institute. 

Art.  10.  The  nations  adhering  to  the  institute  shall  be  classed  in  five 
groups,  according  to  the  place  which  each  of  them  thinks  it  ought  to 
occupy. 

The  number  of  votes  which  each  nation  shall  have  and  the  number  of 
units  of  assessment  shall  be  established  according  to  the  following  grad- 
ations: 

Number  Units  of 

Groups  of  nations  of  votes  assessment 

I.  5  16 

II.  4  8 

III.  3  4 

IV.  2  2 

V.  i  i 

In  any  event  the  contribution  due  per  unit  of  assessment  shall  never 
exceed  a  maximum  of  2,500  francs. 

As  a  temporary  provision  the  assessment  for  the  first  two  years  shall 
not  exceed  1,500  francs  per  unit. 

Colonies  may,  at  the  request  of  the  nations  to  which  they  belong,  be 
admitted  to  form  part  of  the  institute  on  the  same  conditions  as  the  in- 
dependent nations. 


144  INTERNATIONAL  RELATIONS 

Art.  II.  The  present  Convention  shall  be  ratified  and  the  ratifications 
exchanged  as  soon  as  possible  by  depositing  them  with  the  Italian  Gov- 
ernment. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the  pres- 
ent Convention  and  have  hereunto  affixed  their  seals. 

Done  at  Rome  the  7th  of  June  one  thousand  nine  hundred  and  five,  in 
a  single  original,  deposited  with  the  Ministry  of  Foreign  Affairs  of 
Italy,  of  which  certified  copies  shall  be  sent  through  the  diplomatic  chan- 
nel to  the  contracting  States. 

(Signatures)31 

This  Convention  was  signed  for  Italy,  Montenegro,  Russia,  Argentine 
Republic,  Roumania,  Servia,  Belgium,  Salvador,  Portugal,  Mexico,  Luxem- 
burg, Switzerland,  Persia,  Japan,  Ecuador,  Bulgaria,  Denmark,  Spain, 
France,  Sweden,  The  Netherlands,  Greece,  Uruguay,  Germany,  Cuba, 
Austria-Hungary,  Norway,  Egypt,  Great  Britain,  Guatemala,  Ethiopia, 
Nicaragua,  United  States,  Brazil,  Costa  Rica,  Chile,  Peru,  China,  Para- 
guay, Turkey. 

A  General  Act  was  signed  at  Algeciras  April  7,  1906  by 
representatives  of  Germany,  Austria-Hungary,  Belgium, 
Spain,  United  States,  France,  Great  Britain,  Italy,  Morocco, 
The  Netherlands,  Portugal,  Russia  and  Sweden  for  the  pur- 
pose of  maintaining  order  in  Morocco.  It  provides  for  the 
organization  of  a  police  force  under  the  instruction  of  Span- 
ish and  French  officers  of  not  more  than  2,500  nor  less  than 
2,000  men  and  of  an  Inspector-General  to  be  appointed  by  the 
Swiss  Federal  Government  from  the  superior  officers  of  the 
Swiss  army.  It  forbids  the  importation  and  sale  of  arms  of 
war,  parts  of  guns,  ammunition  of  any  nature,  loaded  or  un- 
loaded, powder,  saltpeter,  gun  cotton,  nitroglycerin,  and  all 
compositions  destined  exclusively  for  the  manufacture  of  am- 
munition, except  for  the  Sultan's  troops  and  sporting  and  high- 
priced  arms  to  be  admitted  under  regulations  prescribed.  It 
also  provides  for  the  establishment  of  the  State  Bank  of  Mo- 
rocco, to  be  the  disbursing  treasury  of  the  Empire,  with  its 
home  office  at  Tangier,  and  branches  and  agencies  in  the  prin- 
cipal cities  of  Morocco.  The  Bank  is  governed  by  the  French 
law.  The  Banks  of  the  German  Empire,  England,  Spain  and 
France,  with  the  approval  of  their  governments,  each  appoint 
a  Censor  of  the  Bank  to  supervise  its  operations.  The  initial 

31  Senate  Documents,  2d  Session,  6ist  Congress,  48,  2140. 


GENERAL  WELFARE  CONVENTIONS  145 

capital  of  the  bank  is  to  be  divided  among  the  signatory  pow- 
ers. Provision  is  also  made  for  improvements  in  the  methods 
of  collecting  the  revenues  of  the  government,  and  for  new 
taxes.  Restrictions  are  placed  on  franchises  for  public  ser- 
vices, and  the  Signatory  Powers  reserve  to  themselves  super- 
vision of  the  making  of  contracts  for  public  works.  The  effect 
of  the  Act  is  to  place  Morocco  under  the  general  supervision 
of  the  Signatory  Powers,  and  it  goes  quite  minutely  into  de- 
tails in  reference  to  the  matters  above  mentioned,  but  still 
leaves  nominal  sovereignty  in  the  Sultan.32  The  act  is  very 
long,  containing  123  articles,  and  does  not  appear  to  be  of 
sufficient  general  interest  to  be  copied  here.  It  does  not  invite 
adhesion  by  other  nations  but  is  merely  a  treaty  between  the 
signatory  powers. 

On  November  29,  1906,  there  was  signed  at  Brussels  an 
agreement  entered  into  by  eighteen  nations  respecting  the  uni- 
fication of  the  pharmacopceial  formulus  for  potent  drugs.  It 
contains  a  long  list  of  Latin  names  of  drugs  with  directions 
regarding  their  preparation  and  strength.  In  the  Proces- 
verbal  at  the  end  of  it  are  numerous  reservations  by  the  differ- 
ent powers.  The  matter  of  the  convention  appears  too  tech- 
nical to  be  of  general  interest.33 

On  December  9th,  1907,  a  convention  was  signed  at  Rome 
establishing  an  International  Office  of  Public  Hygiene  at  Paris, 
a  copy  of  which  is  given  below.  This  made  the  second  per- 
manent international  office  to  be  established  at  Paris  to  exer- 
cise functions  for  and  under  the  direction  of  all  the  nations 
of  the  world  that  should  elect  to  take  advantage  of  it. 

ARRANGEMENT  FOR  THE  ESTABLISHMENT  OF  THE  INTERNATIONAL  OFFICE 
OF  PUBLIC  HEALTH 

The  'Governments  of  Belgium,  Brazil,  Spain,  the  United  States,  the 
French  Republic,  Great  Britain  and  Ireland,  Italy,  the  Netherlands.  Portu- 
gal, Russia,  Switzerland,  and  the  Government  of  His  Highness  the  Khe- 
dive of  Egypt,  deeming  it  expedient  to  organize  the  International  Office 
of  Public  Hygiene,  referred  to  in  the  Paris  Sanitary  Convention  of  De- 
cember 3,  1903,  have  resolved  to  conclude  an  arrangement  to  that  effect 
and  agreed  upon  the  following: 

32  Senate  Documents,  2d  Session,  6ist  Congress,  48-2157. 

33  Senate  Documents,  2d  Session,  6ist  Congress,  48,  2209. 


146  INTERNATIONAL  RELATIONS 

Article  I.  The  High  Contracting  Parties  engage  to  found  and  main- 
tain an  International  Office  of  Public  Hygiene  with  headquarters  at  Paris. 

Art.  II.  The  Office  will  perform  its  functions  under  the  authority  and 
supervision  of  a  Committee  composed  of  delegates  of  the  contracting 
Governments.  The  membership  and  rights  and  duties  of  the  Commit- 
tee, as  well  as  the  organization  and  powers  of  the  said  Office  are  de- 
termined by  the  organic  by-laws  which  are  annexed  to  the  present  ar- 
rangement and  are  considered  as  forming  an  integral  part  thereof. 

Art.  III.  The  costs  of  installation,  as  well  as  the  annual  expenses  for 
the  conduct  and  maintenance  of  the  Office  shall  be  covered  by  the  quotas 
of  the  contracting  States  determined  in  accordance  with  the  provisions 
of  the  by-laws  referred  to  in  Article  II. 

The  sums  representing  the  quotas  of  the  several  contracting  States  shall 
be  deposited  by  the  said  States  through  the  Ministry  of  Foreign  Affairs 
of  the  French  Republic,  at  the  beginning  of  every  year  in  the  "Caisse 
des  depots  et  consignations"  at  Paris,  from  which  they  shall  be  drawn  as 
needed  against  warrants  of  the  Director  of  the  Office. 

Art.  V.  The  High  Contracting  Parties  reserve  the  right  to  make,  by 
joint  agreement,  in  the  present  arrangement  any  change  of  which  the 
usefulness  shall  have  been  demonstrated  by  experience. 

Art.  VI.  Governments  that  have  not  signed  the  present  arrangement 
are,  on  their  request,  admitted  to  adhere  thereto.  Their  adhesion  shall  be 
notified,  through  the  diplomatic  channel,  to  the  Royal  Government  of 
Italy,  and,  by  the  latter,  to  the  other  Contracting  Governments;  it  will 
imply  a  pledge  to  contribute  to  the  payment  of  the  expenses  of  the  Office 
in  the  manner  referred  to  in  Article  III. 

Art.  VII..  The  present  arrangement  shall  be  ratified  and  the  ratifica- 
tions shall  be  deposited  at  Rome  as  soon  as  possible ;  it  shall  be  put  into 
operation  from  the  date  on  which  the  deposit  of  ratifications  shall  have 
been  effected. 

Art.  VIII.  The  present  arrangement  is  concluded  for  a  term  of  seven 
years.  At  the  expiration  of  that  period,  it  shall  continue  in  force  for 
new  periods  of  seven  years  between  the  States  that  shall  not  have  noti- 
fied, one  year  before  the  expiration  of  each  period,  their  intention  to 
terminate  the  effects  so  far  as  they  are  concerned. 

In  faith  whereof  the  undersigned,  duly  empowered  thereto,  have  drawn 
up  the  present  arrangement  to  which  they  have  affixed  their  seals. 

Done  at  Rome  the  9th  of  December,  1907,  in  one  copy  which  shall  re- 
main deposited  in  the  archives  of  the  Royal  Government  of  Italy  and 
duly  certified  copies  thereof  shall  be  delivered,  through  the  diplomatic 
channel,  to  the  contracting  Parties. 

(Signatures)34 

34  Senate  Documents,  2(1  Session,  6ist  Congress,  48,  2214. 


GENERAL  WELFARE  CONVENTIONS  147 

ANNEX 

Organic  By-Laws  of  the  International  Office  of  Public  Hygiene. 

Article  I.  There  is  established  in  Paris  an  International  Office  of 
Public  Hygiene  under  the  States  which  accept  participation  in  its  oper- 
ation. 

Art.  II.  The  Office  cannot  in  any  way  meddle  in  the  administration  of 
the  several  States. 

It  is  independent  of  the  authorities  of  the  country  in  which  it  is  placed. 

It  corresponds  directly  with  the  higher  health  authorities  of  the  several 
countries  and  with  the  Boards  of  Health. 

Art.  III.  The  Government  of  the  French  Republic  shall,  on  the  appli- 
cation of  the  International  Committee  referred  to  in  Article  VI,  take 
such  steps  as  may  be  requisite  to  have  the  Office  recognized  as  an  in- 
stitution of  public  utility. 

Art.  IV.  The  main  object  of  the  Office  is  to  collect  and  bring  to  the 
knowledge  of  the  participating  States  facts  and  documents  of  a  general 
character  concerning  public  health  and  especially  regarding  infectious 
diseases,  notably  the  cholera,  plague  and  yellow  fever,  as  well  as  the 
measures  taken  to  check  these  diseases. 

Art.  V.  The  Government  shall  inform  the  Office  of  the  measures  taken 
by  them  toward  the  enforcement  of  the  international  sanitary  conventions. 

Art.  VI.  The  Office  is  placed  under  the  authority  and  supervision  of 
an  International  Committee  consisting  of  technical  representatives  desig- 
nated by  the  participating  States  in  the  proportion  of  one  representative 
for  each  State. 

Each  State  is  allowed  a  number  of  votes  inversely  proportioned  to  the 
number  of  the  class  to  which  it  belongs  as  regards  its  participation  in  the 
expenses  of  the  Office.  (See  Article  XL) 

Art.  VII.  The  Committee  of  the  Office  meets  periodically  at  least 
once  a  year;  the  length  of  its  session  is  unlimited. 

The  members  of  the  Committee  elect,  by  secret  ballot,  a  chairman  whose 
term  of  office  shall  be  three  years. 

Art.  VIII.  The  business  of  the  office  is  conducted  by  a  salaried  staff 
including: 

A  Director ; 

A  Secretary  General, 

such  forces  as  may  be  necessary  to  perform  the  work  of  the  Office. 

The  personnel  of  the  Office  shall  not  be  permitted  to  fill  any  other 
salaried  office. 

The  Director  and  Secretary  General  shall  be  appointed  by  the  Com- 
mittee. 

The  Director  shall  attend  the  meetings  of  the  Committee  in  an  advisory 
capacity. 

The  appointment  and  dismissal  of  employes  of  all  classes  appertain  to 
the  Director  and  shall  be  reported  by  him  to  the  Committee. 


148  INTERNATIONAL  RELATIONS 

Art.  IX.  The  information  collected  by  the  Office  shall  be  brought  to 
the  knowledge  of  the  particular  States  by  means  of  a  Bulletin  or  of  spe- 
cial communications  addressed  to  them  either  in  regular  course  or  at 
their  request. 

In  addition,  the  Office  shall  show  periodically  the  results  of-  its  labors 
in  official  reports  to  be  communicated  to  the  participating  Governments. 

Art.  X.  The  Bulletin,  which  shall  be  issued  at  least  once  a  month, 
shall  include  especially: 

1.  The  laws  and  general  or  local  regulations  promulgated  in  the  several 
countries  in  regard  to  contagious  diseases; 

2.  Information  concerning  the  progress  of  infectious  diseases ; 

3.  Information   concerning  the   work  done   or   measures  taken   toward 
the  sanitation  of  localities. 

4.  Statistics  concerning  public  health. 

5.  Notices  of  publications. 

The  official  language  of  the  Office  and  Bulletin  shall  be  the  French 
language.  The  Committee  may  order  parts  of  the  Bulletin  to  be  printed 
in  other  languages. 

Art.  XL  The  expenses  necessary  for  the  performance  of  the  duties  of 
the  Office,  estimated  at  150,000  francs  per  annum,  shall  be  defrayed  by 
the  States  signatory  to  the  Convention,  their  quotas  being  determined  ac- 
cording to  the  following  classes : 

First  Class :  Brazil,  Spain,  The  United  States,  France,  Great  Britain, 
British  India,  Italy,  Russia,  at  the  rate  of  25  units ; 

Second  class,  at  the  rate  of  20  units; 

Third  class,  Belgium,  Egypt,  the  Netherlands,  at  the  rate  of  15  units; 

Fourth  class,  Switzerland,  at  the  rate  of  10  units ; 

Fifth  class,  at  the  rate  of  5  units ; 

Sixth  class,  at  the  rate  of  three  uni.ts. 

This  sum  of  150,000  francs  cannot  be  exceeded  except  by  consent  of 
the  signatory  Powers. 

Every  State  is  at  liberty  to  have  itself  entered  in  a  higher  class  at 
some  future  time. 

The  States  that  may  hereafter  adhere  to  the  Convention  shall  select  the 
class  in  which  they  wish  to  be  entered. 

Art.  XII.  A  sum  intended  to  form  a  reserve  fund  shall  be  taken  from 
the  annual  resources.  The  total  sum  of  said  reserve,  which  cannot  ex- 
ceed the  amount  of  the  annual  budget,  shall  be  invested  in  first  class 
State  securities. 

Art.  XIII.  The  members  of  the  Committee  shall  receive,  out  of  the 
working  funds  of  the  Office,  an  allowance  for  traveling  and  other  ex- 
penses. They  shall  also  receive  an  attendance  counter  for  each  meeting 
which  they  attend. 

Art.  XIV.    The  Committee  shall  fix  the  amount  to  be  set  aside  annu- 


GENERAL  WELFARE  CONVENTIONS  140 

ally  from  its  budget  for  a  fund  intended  to  secure  a  retirement  pension 
for  the  Office  force. 

Art.  XV.  The  Committee  shall  draw  up  its  annual  estimates  and  shall 
approve  the  account  of  expenditures.  It  shall  make  the  organic  regula- 
tions governing  the  personnel,  as  well  as  the  arrangements  necessary  for 
the  performance  of  the  duties  of  the  office. 

The  regulations  as  well  as  the  arrangements  shall  be  reported  by  the 
Committee  to  the  participant  States  and  cannot  be  modified  without 
their  assent. 

Art.  XVI.  A  statement  of  the  financial  management  of  the  Office 
shall  be  submitted  annually  to  the  participant  States  at  the  close  of  the 
fiscal  year. 

(Signatures)35 

35  Senate  Documents,  2d  Session,  6ist  Congress,  48,  2216. 


CHAPTER  IV 

THE  UNIVERSAL  POSTAL  UNION 

The  Persians  back  in  the  time  of  Cyrus  had  the  first  postal 
service  that  we  have  any  account  of.  Augustus  established 
posts  in  the  Roman  Empire  and  the  Great  Kahn,  according  to 
Marco  Polo,  had  a  very  efficient  system  in  China  when  he 
visited  it.  The  Peruvians  under  the  Incas,  though  without  a 
written  language,  transmitted  dispatches  throughout  the  em- 
pire by  postrunners  carrying  orders  and  information  expressed 
in  the  quipu  by  threads  of  various  lengths  and  colors,  knotted 
and  combined  in  various  ways.  Along  their  great  highways  at 
intervals  were  stations  for  the  accommodation  of  the  runners 
carrying  dispatches.1  The  old  Manchu  Code  of  China  re- 
quired the  carriers  of  dispatches  to  proceed  at  the  rate  of  300 
lee  in  a  day  and  night  on  pain  of  blows  with  the  bamboo  in- 
creasing in  number  with  each  hour  of  delay.2  The  beginning 
of  the  postal  system  in  England  is  assigned  to  the  year  1481, 
when  relays  of  riders  and  post  horses  were  established  to  carry 
news.  The  first  chief  postmaster  of  England  was  appointed 
by  Queen  Elizabeth  in  isSi.3 

The  development  of  the  postal  service  started  and  contin- 
ued in  each  country  separately  until  the  year  1817,  when  a 
postal  convention  was  entered  into  by  the  governments  of  The 
Netherlands  and  France,  which  appears  to  be  the  first  treaty 
of  the  kind.  After  that,  from  time  to  time  and  after  quite 
long  intervals,  other  similar  treaties  were  made  by  European 
states.  The  first  treaty  for  the  establishment  of  a  general 
postal  union  was  concluded  at  Berne  on  October  9,  1874,  be- 
tween the  following  nations :  Germany,  Austria-Hungary,  Bel- 
gium, Denmark,  Egypt,  Spain,  United  States,  France,  Great 

1  Prescott,  Conquest  of  Peru,  1-88. 

2  Penal  Code  of  China,  Sec.  238. 

3  Bridgman,  World  Law,  17. 


THE  UNIVERSAL  POSTAL  UNION  151 

Britain,  Greece,  Italy,  Luxemburg,  The  Netherlands,  Portu- 
gal, Rumania,  Russia,  Servia,  Sweden  &  Norway,  Switzer- 
land and  Turkey.  Afterward  by  subsequent  conventions  the 
union  was  enlarged  and  after  it  had  become  general  a  revised 
convention  was  concluded  at  Washington  June  15,  1897.  An- 
other convention  was  signed  at  Rome,  May  26,  1906,  which  in- 
cluded The  United  States  and  its  island  possessions,  Argen- 
tine Republic,  Austria,  Belgium,  Bolivia,  Bosnia-Herzegovina, 
Brazil,  Bulgaria,  Chile,  China,  Colombia,  Kongo,  Korea, 
Costa  Rica,  Crete,  Cuba,  Denmark  and  its  colonies,  Dominican 
Republic,  Egypt,  Ecuador,  Spain  and  its  colonies,  Ethiopia, 
France  and  its  colonies  and  dependencies,  Great  Britain  and  its 
colonies  and  dependencies,  including  India,  Australia,  Canada, 
New  Zealand,  and  South  Africa,  Greece,  Guatemala,  Hayti, 
Honduras,  Hungary,  Italy  and  its  colonies,  Japan,  Liberia, 
Luxemburg,  Mexico,  Montenegro,  Nicaragua,  Norway,  Pana- 
ma, Paraguay,  The  Netherlands,  and  its  colonies,  Peru,  Persia, 
Portugal  and  its  colonies,  Roumania,  Russia,  Salvador,  Servia, 
Siam,  Sweden,  Switzerland,  Tunis,  Turkey,  Uruguay,  and 
Venezuela.  The  text  of  the  convention  is  as  follows : 

UNIVERSAL  POSTAL  CONVENTION 

Article  I.     Definition  of  the  Postal  Union. 

The  countries  between  which  the  present  convention  is  concluded,  as 
well  as  those  which  may  adhere  to  it  hereafter,  form,  under  the  title  of 
Universal  Postal  Union,  a  single  postal  territory  for  the  reciprocal  ex- 
change of  correspondence  between  their  post  offices. 

Article  2.    Articles  to  which  the  Convention  applies. 

The  stipulations  of  this  Convention  extend  to  letters,  post  cards,  both 
single  and  with  reply  paid,  printed  papers  of  every  kind,  commercial 
papers,  and  samples  of  merchandise  originating  in  one  of  the  countries 
of  the  union  and  intended  for  another  of  those  countries.  They  also 
apply  to  the  exchange  by  mail  of  the  articles  above  mentioned  between 
the  countries  of  the  union  and  countries  foreign  to  the  union,  whenever 
the  services  of  two  of  the  contracting  parties  at  least  are  used  for  that 
exchange. 

Article  3.  Conveyance  of  mails  between  contiguous  countries;  third 
services. 

I.  The  postal  administrations  of  contiguous  countries,  or  countries  able 
to  correspond  directly  with  each  other  without  availing  themselves  of 
the  services  of  a  third  administration,  determine,  by  common  consent, 


152  INTERNATIONAL  RELATIONS 

the  conditions  of  the  conveyance  of  the  mails  which  they  exchange  across 
the  frontier  or  from  one  frontier  to  the  other. 

2.  In  the  absence  of  any  contrary  agreement,  the  direct  sea  conveyance 
between  two  countries  by  means  of  packets  or  vessels  depending  upon  one 
of  them  is  considered  as  a  third  service;  and  this  conveyance,  as  well  as 
any  performed  between  two  offices  of  the  same  country,  by  the  medium 
of  sea  or  territorial  services  maintained  by  another  country,  is  regulated 
by  the  stipulations  of  the  following  article. 

Article  4.    Transit  Rates. 

1.  The   right  of  transit  is  guaranteed   throughout  the   entire   territory 
of  the  union. 

2.  Consequently   the   several   postal   administrations  of   the   union   may 
send   reciprocally,  through  the   medium   of   one   or   of   several   of   them, 
either  closed  mails  or  articles  in  open  mail,  according  to  the  needs  of  the 
traffic  and  the  convenience  of  the  postal  service. 

3.  Articles  exchanged  in  closed  mails  between  two  administrations  of 
the  union,  by  means  of  the  services  of  one  or  of  several  other  adminis- 
trations of  the  union,  are  subject  to  the  following  transit  charges  to  be 
paid  to  each  of  the  countries  traversed  or  whose  services  participate  in 
the  conveyance,  viz : 

i°  For  territorial  transits: 

a.  I   franc  50  centimes  per  kilogram  of  letters  and  post  cards  and  20 
centimes  per  kilogram  of  other  articles,  if  the  distance  traversed  does  not 
exceed  3000  kilometers ; 

b.  3  francs  per  kilogram  of  letters  and  post  cards  and  40  centimes  per 
kilogram  of  other  articles,  if  the  distance  traversed   exceeds  3000  kilo- 
meters and  does  not  exceed  6000  kilometers ; 

c.  4  francs  50  centimes  per  kilogram  of  letters  and  post  cards  and  60 
centimes  per  kilogram  of  other  articles,  if  the  distance  traversed  exceeds 
6000  kilometers  but  does  not  exceed  9000  kilometers ; 

d.  6  francs  per  kilogram  of  letters  and  post  cards  and  80  centimes  per 
kilogram  of  other  articles,  if  the  distance  traversed  exceeds  9000  kilo- 
meters. 

2°  For  sea  transits : 

a.  I   franc  50  centimes  per  kilogram  of  letters  and  post  cards  and  20 
centimes  per  kilogram   of  other  articles,  if   the  distance  traversed  does 
not  exceed  300  nautical  miles.     Sea  conveyance  over  a  distance  not  ex- 
ceeding 300  nautical  miles  is,  however,  gratuitous  if  the  administration 
concerned  already  receives,  on  account  of  the  mails  conveyed,  the  remu- 
neration applicable  to  territorial  transit ; 

b.  4  francs  per  kilogram  of  letters  and  post  cards  and  50  centimes  per 
kilogram    of    other    articles,    exchanged    over    a    distance    exceeding   300 
nautical   miles   between    European   countries,   between    Europe   and  ports 
of  Africa  and  Asia  on  the  Mediterranean  and  Black  Sea,  or  between  one 


THE  UNIVERSAL  POSTAL  UNION  153 

of  these  ports  and  another,  and  between  Europe  and  North  America. 
The  same  rates  are  applicable  to  conveyance,  by  service  to  the  whole 
union,  between  two  ports  of  a  single  state,  as  well  as  between  the  ports 
of  two  states  served  by  the  same  line  of  packets  when  the  sea  transit 
involved  does  not  exceed  1500  nautical  miles ; 

c.  8  francs  per  kilogram  of  letters  and  post  cards  and  I  franc  per 
kilogram  of  other  articles,  for  all  transits  not  included  in  the  categories 
given  above  in  paragraphs  a  and  b. 

In  the  case  of  a  sea  conveyance  effected  by  two  or  more  administra- 
tions, the  charges  paid  for  the  entire  transit  cannot  exceed  8  francs  per 
kilogram  of  letters  and  post  cards  and  I  franc  per  kilogram  of  other 
articles ;  these  charges  are,  when  occasion  arises,  shared  between  the 
administrations  participating  in  the  service,  in  proportion  to  the  distances 
traversed,  without  prejudice  to  any  other  arrangement  which  may  be 
made  between  the  parties  interested. 

4.  Correspondence  exchanged  in  open  mail  between  two  administrations 
of  the  union  are  subject  to  the  following  transit  charges  per  article,  and 
irrespective  of  weight  or  destination,  namely;  letters,  6  centimes   each; 
post  cards  2^/2  centimes  each ;  other  articles  2^2  centimes  each. 

5.  The   transit   rates    specified   in   the  present   article   do   not   apply  to 
conveyance  within  the  union  by  means  of  extraordinary  services  specially 
established  or  maintained  by  one  administration  at  the  request  of  one  or 
several  other  administrations.     The  conditions  of  this  category  of  con- 
veyance   are    regulated   by   mutual    consent   between    the    administrations 
concerned. 

Moreover,  in  all  cases  where  the  transit,  either  by  land  or  sea,  is  at 
present  gratuitous  or  subject  to  more  advantageous  conditions,  such  state 
of  things  is  maintained. 

Nevertheless,  territorial  transit  services  exceeding  3000  kilometers,  may 
profit  by  the  provisions  of  paragraph  3  of  the  present  article. 

6.  The  expenses  of  transit  are  borne  by  the  administration  of  the  coun- 
try of  origin. 

7.  The  general  accounting  for  these  expenses  takes  place  on  the  basis 
of  statements  prepared  once  in  every  six  years,  during  a  period  of  twenty- 
eight  days  to  be  determined  in  the  detailed  regulations  provided  for  in 
Article  20  hereafter. 

From  the  period  between  the  date  on  which  the  convention  of  Rome 
comes  into  force  and  the  date  on  which  the  transit  statistics  mentioned 
in  the  detailed  regulations  provided  for  in  Article  20  become  operative, 
transit  rates  will  be  paid  in  accordance  with  the  stipulations  of  the  con- 
vention of  Washington. 

8.  The  articles  mentioned  in  paragraph  3  and  4  of  Article  n  hereafter, 
the  reply  halves  of  double  post  cards  returned  to  the  country  of  origin, 
articles   redirected  or  missent,   undelivered  articles,   advices  of   delivery, 


154  INTERNATIONAL  RELATIONS 

post-office  money  orders,  and  all  other  documents  relative  to  the  postal 
service  are  exempt  from  all  charges  for  territorial  or  sea  transit. 

9.  When  the  annual  balance  of  transit  accounts  between  two  adminis- 
trations does  not  exceed  1000  francs,  the  debtor  administration  is  re- 
lieved of  all  payment  on  that  account. 

Article  5.     Rates  of  Postage  and  General  Conditions. 

1.  The  rates  of  postage  for  the  conveyance  of  postal  articles  through- 
out the  entire  extent  of  the  union,  including  their  delivery  at  the  resi- 
dence of  the  addressees  in  the  countries  of  the  union  where  a  delivery  is 
or  shall  be  organized,  are  fixed  as  follows : 

i°  For  letters,  25  centimes  in  case  of  prepayment,  and  double  that 
amount  in  the  contrary  case,  for  each  letter  not  exceeding  20  grams  in 
weight;  and  15  centimes  in  case  of  prepayment,  and  double  that  amount 
in  the  contrary  case  for  every  weight  of  20  grams  or  fraction  of  20 
grams  above  the  initial  weight  of  20  grams; 

2°  For  post  cards,  in  case  of  prepayment,  10  centimes  for  single  cards 
or  for  each  of  two  halves  of  reply  post  cards,  and  double  that  amount 
in  the  contrary  case; 

3°  For  printed  papers  of  every  kind,  commercial  papers,  and  samples 
of  merchandise,  5  centimes  for  each  article  or  packet  bearing  a  particu- 
lar address  and  for  every  weight  of  50  grams  or  fraction  of  50  grams, 
provided  that  such  article  or  packet  does  not  contain  any  letter  or  manu- 
script note  having  the  character  of  actual  and  personal  correspondence, 
and  that  it  be  made  up  in  such  a  manner  as  to  admit  of  its  being  easily 
examined. 

The  charge  on  commercial  papers  cannot  be  less  than  25  centimes  per 
packet,  and  the  charge  on  samples  cannot  be  less  than  10  centimes  per 
packet. 

2.  In  addition  to  the  rates  fixed  by  the  preceding  paragraph  there  may 
be  levied : 

i°  For  every  article  subject  to  the  sea-transit  charges  prescribed  in 
paragraph  3,  2°,  c,  of  Article  4,  and  in  all  the  relations  to  which  these 
transit  rates  are  applicable,  a  uniform  surtax  which  may  not  exceed  25 
centimes  per  single  rate  for  letters,  5  centimes  per  post  card,  and  5  cen- 
times per  50  grams  or  fraction  of  50  grams  for  other  articles : 

2°  For  every  article  conveyed  by  means  of  services  maintained  by  ad- 
ministrations foreign  to  the  union,  or  of  extraordinary  services  in  the 
union  giving  rise  to  special  expenses,  a  surcharge  in  proportion  to  those 
expenses. 

When  the  rate  of  prepayment  for  the  single  post  card  comprises  one  or 
other  of  the  surcharges  authorized  in  the  two  preceding  paragraphs,  the 
same  rate  is  applicable  to  each  half  of  the  reply-paid  post  card. 

3.  In  case  of  insufficient  prepayment,  correspondence  of  every  kind  is 
liable  to  a  charge  equal  to  double  the  amount  of  the   deficiency,  to  be 


THE  UNIVERSAL  POSTAL  UNION  155 

paid  by  the  addressees ;  but  that  charge  may  not  exceed  that  which  is 
levied  in  the  country  of  destination  on  unpaid  correspondence  of  the  same 
nature,  weight,  and  origin. 

4.  Articles  other  than  letters  and  post  cards  must  be  prepaid  at  least 
partly. 

5.  Packets  of  samples  of  merchandise  may  not  contain  any  article  hav- 
ing a  salable  value ;  they  must  not  exceed  350  grams  in  weight,  or  measure 
more  than  30  centimeters  in  length,  20  centimeters   in  breadth,   and   10 
centimeters  in  depth,  or,  if  they  are  in  the  form  of  a  roll,  30  centimeters 
in  length  and  15  centimeters  in  diameter. 

6.  Packets  of  commercial  papers  and  printed  papers  may  not  exceed 
2  kilograms  in  weight,  or  measure  more  than  45  centimeters  in  any  di- 
rection.    Packets  in  the  form  of  a  roll  may,  however,  be  allowed  to  pass 
through  the  post  so  long  as  they  do  not  exceed  10  centimeters  in  diameter 
and  75  centimeters  in  length. 

7.  Stamps  or  forms  of  prepayment  obliterated  or  not,  as  well  as  all 
printed  papers  constituting  the  sign  of  a  monetary  value,  save  the  ex- 
ceptions authorized  by  the  detailed  regulations  provided  for  in  Article  20 
of   the   present   convention,   are   excluded   from   transmission   at   the   re- 
duced rate. 

Article  6.    Registered  Articles ;   Return  Receipts ;   Requests   for  Infor- 
mation. 

1.  The  articles  specified  in  Article  5  may  be  registered. 

The  reply  halves  of  reply-paid  post  cards  cannot,  however,  be  regis- 
tered by  the  original  senders  of  such  cards. 

2.  Every  registered  article  is  liable,  at  the  charge  of  the  sender: 

i°  To  the  ordinary  prepaid  rate  of  postage  on  the  article,  according  to 
its  nature. 

2°  To  a  fixed  registration  fee  of  25  centimes  at  most,  including  a 
receipt  given  to  the  sender. 

3.  The  sender  of  a  registered  article  may  obtain  an  advice  of  the  de- 
livery of  such  article,  by  paying,  at  the  time  when  he  asks  for  such  an 
advice,  a  fixed  fee  of  25  centimes  at  most.    The  same  fee  may  be  charged 
for  inquiries  concerning  registered  articles,  if  the  sender  has  not  already 
paid  the  special  fee  for  an  advice  of  delivery. 

Article  7.    Articles  marked  with  Trade  Charges. 

1.  Registered   articles   may  be   sent  marked   with  trade   charges   to  be 
collected  on  delivery  between  countries  of  which  the  administrations  agree 
to  provide  this  service. 

These  articles  are  subject  to  the  same  regulations  and  rates  as  regis- 
tered articles. 

The  maximum  trade  charge  which  may  be  collected  on  any  one  regis- 
tered article  is  fixed  at  1000  francs  or  at  the  equivalent  of  that  sum. 

2.  In  the  absence  of  any  contrary  agreement  between  the  administra- 


156  INTERNATIONAL  RELATIONS 

tions  of  the  countries  concerned,  the  amount  collected  from  the  addressee 
is  to  be  transmitted  to  the  sender  by  means  of  a  money  order,  after  de- 
ducting a  commission  of  10  centimes  for  the  service  of  collection,  and 
the  ordinary  rate  chargeable  for  money  orders  calculated  on  the  amount 
of  the  balance. 

The  amount  of  an  undeliverable  money  order  of  this  kind  remains  at 
the  disposal  of  the  administration  of  the  country  in  which  the  article 
marked  with  a  trade  charge  originated. 

3.  For  the  loss  of  a  registered  article  marked  with  a  trade  charge  the 
responsibility  of  the  postal  service  is  fixed  under  the  conditions  laid  down 
in  article  8  hereafter  for  registered  articles  not  marked  with  trade  charges. 

After  the  delivery  of  the  article  the  administration  of  the  country  of 
destination  is  responsible  for  the  amount  of  the  trade  charges,  unless  it 
can  be  proved  that  the  conditions  prescribed  for  such  articles  by  the 
detailed  regulations  contemplated  in  Article  20  of  the  present  convention 
have  not  been  fulfilled.  Nevertheless  the  omission  from  the  letter  bill  of 
the  entry  "Remb."  and  of  the  amount  of  the  trade  charge  does  not  affect 
the  responsibility  of  the  administration  of  the  country  of  destination  for 
failing  to  collect  the  amount. 

Article  8.    Responsibility  for  Registered  Articles. 

1.  In  case  of  the  loss  of  a  registered  article,  and  except. in  cases  beyond 
control,   the  sender,  or,   at  the  request  of  the  sender,  the  addressee,  is 
entitled  to  an  indemnity  of  50  francs. 

2.  Countries  prepared  to  take   risks   arising   from  causes   beyond  con- 
trol are  authorized  to  collect  from  the  sender  on  that  account  a  supple- 
mentary rate  of  not  more  than  25  centimes  on  each  registered  article. 

3.  The  obligation  of  paying  the  indemnity  rests  with  the  administration 
to  which  the  dispatching  office  is  subordinate.     To  that  administration  is 
reserved  a  remedy  against  the  administration  responsible,  that  is  to  say, 
against  the  administration  on  the  territory  or  in  the  service  of  which  the 
loss  took  place. 

In  case  of  the  loss,  under  circumstances  beyond  control,  on  the  terri- 
tory or  in  the  service  of  a  country  undertaking  the  risks  mentioned  in 
the  preceding  paragraph,  of  a  registered  article  sent  from  another  coun- 
try, the  country  where  the  loss  occurred  is  responsible  for  it  to  the  dis- 
patching office,  if  the  latter  undertakes  risks  in  cases  beyond  control  in 
dealing  with  its  own  public. 

4.  Until  the  contrary  be  proved,  the  responsibility  rests  with  the  ad- 
ministration which,  having  received  the  article  without  making  any  ob- 
servation, cannot  establish  the  delivery  to  the  addressee  or  the  regular 
transfer  to  the  following  administration,  as  the  case  may  be.     For  articles 
addressed  "Poste  Restante"  or  held  at  the  disposition  of  the  addressees, 
the   responsibility   ceases   on    delivery   to   a  person   who   has    proved   his 
identity  according  to  the  rules  in  force  in  the  country  of  destination,  and 


THE  UNIVERSAL  POSTAL  UNION  157 

whose  name  and  description  correspond  to  those  indicated  in  the  address. 

5.  The  payment  of   the   indemnity  by  the  dispatching  office   ought  to 
take  place  as  soon  as  possible,  and  at  latest  within  a  year  of  the  date  of 
the  application.    The  responsible  office  is  bound  to  refund  to  the  dispatch- 
ing office,  without  delay,  the  amount  of  the  indemnity  paid  by  the  latter. 

The  office  of  origin  is  authorized  to  make  payment  to  the  sender  on 
account  of  the  office,  whether  intermediate  or  of  destination,  which,  af- 
ter application  has  been  made  in  due  course,  has  let  a  year  pass  without 
settling  the  matter.  Moreover,  in  cases  where  an  office  whose  responsi- 
bility is  duly  established  has  at  the  outset  declined  to  pay  the  indemnity, 
such  office  must  take  upon  itself,  in  addition  to  the  indemnity,  the  sub- 
sidiary expenses  resulting  from  the  unwarranted  delay  in  payment. 

6.  It  is  understood  that  the  application   for  an  indemnity  is  only  en- 
tertained if  made  within  a  year  of  the  posting  of  the  registered  article ; 
after  this  term  the  applicant  has  no  right  to  any  indemnity. 

7.  If  the  loss  has  occurred  in  course  of  conveyance  without  its  being 
possible  to  ascertain  on  the  territory  or  in  the  service  of  what  country  the 
loss   took   place,   the   administrations   concerned  bear   the   loss   in   equal 
shares. 

8.  Administrations  cease  to  be   responsible   for  registered  articles   for 
which  the  owners  have  given  a  receipt  and  accepted  delivery. 

Article  9.    Withdrawal  of  Articles,  Correction  of  Address,  Etc. 

1.  The  sender  of  a  letter  or  other  article  can  have  it  withdrawn  from 
the  post  or  have  its  address  altered,  so  long  as  such  article  has  not  been 
delivered  to  the  addressee. 

2.  The  request  for  such  withdrawal  is  sent  by  mail  or  by  telegraph  at 
the  expense  of  the  sender,  who  must  pay  as  follows : 

i°  For  every  request  by  mail,  the  amount  payable  for  a  registered  single 
letter ; 

2°  For  every  request  by  telegraph,  the  charge  for  a  telegram  according 
to  the  ordinary  tariff. 

3.  The  sender  of  a  registered  article  marked  with  a  trade  charge  can, 
under  the  conditions  laid  down  for  requests  for  alteration  of  address,  de- 
mand the  total  or  partial  cancelling  of  the  amount  of  the  trade  charge. 

4.  The  stipulations  of  this  article  are  not  obligatory  for  countries  of 
which  the  legislation  does  not  permit  the  sender  to  dispose  of  an  article 
in  its  course  through  the  post. 

Article  10.    Fixing  of  Rates  in  Money  other  than  the  Franc. 

Those  countries  of  the  union  which  have  not  the  franc  for  their  mone- 
tary unit  fix  their  charges  at  the  equivalents,  in  their  respective  curren- 
cies, of  the  rates  determined  by  the  various  articles  of  the  present  con- 
vention. Such  countries  have  the  option  of  rounding  fractions  in  con- 
formity with  the  table  inserted  in  the  detailed  regulations  mentioned  in 
Article  20  of  the  present  convention. 


158  INTERNATIONAL  RELATIONS 

The  administrations  which  maintain  post  offices  forming  part  of  the 
union  in  non-union  countries  fix  their  rates  in  the  local  currency,  in  the 
same  manner.  When  two  or  several  administrations  maintain  such  offi- 
ces in  the  same  non-union  country,  the  local  equivalents  to  be  adopted 
by  all  such  offices  are  fixed  by  mutual  arrangement  between  the  admin- 
istrations concerned. 

Article  n.    Prepayment;  Reply  Coupons;  Exemptions  from  Postage. 

1.  Prepayment  of  postage  on  every  description  of  article  can  be  ef- 
fected only  by  means  of  postage  stamps  valid  in  the  country  of  origin 
for  the  correspondence  of  private  individuals.     It  is  not,  however,  per- 
mitted to  make  use,  in  the  international  service,  of  postage  stamps  pro- 
duced with  an  object  special  and  peculiar  to  the  country  of  issue,  such  as 
the  so-called  commemorative  postage  stamps  of  temporary  validity. 

Reply  post  cards  bearing  postage  stamps  of  -the  country  in  which  the 
cards  were  issued  are  considered  as  duly  prepaid,  as  also  are  newspapers 
or  packets  of  newspapers  without  postage  stamps  but  with  the  super- 
scription "Abonnements  poste"  (subscription  by  mail),  which  are  sent  in 
virtue  of  the  special  arrangement  for  newspaper  subscriptions,  provided 
for  in  Article  19  of  the  present  convention. 

2.  Reply  coupons  can  be  exchanged  between  the  countries  of  which  the 
administrations  have  agreed  to  participate  in  such  exchange.     The  mini- 
mum selling  price  of  a  reply  coupon  is  28  centimes,  or  the  equivalent  of 
this  sum  in  the  money  of  the  country  which  sells  it. 

This  coupon  is  exchangeable  in  all  countries  parties  to  the  agreement 
for  a  postage  stamp  of  25  centimes  or  the  equivalent  of  that  sum  in  the 
money  of  the  country  where  the  exchange  is  requested.  The  detailed 
regulations  contemplated  in  Article  20  of  the  convention  determine  the 
other  conditions  of  this  exchange,  and  in  particular  the  intervention  of 
the  international  bureau  in  manufacturing,  supplying  and  accounting  for 
the  coupons. 

3.  Official  correspondence  relative  to  the  postal  service  exchanged  be- 
tween postal  administrations,  between  these  administrations  and  the  in- 
ternational bureau,  and  between  post  offices  in  union  countries,  is  exempt 
from  prepayment  by  means  of  ordinary  postage  stamps,  and  is  free  from 
liability  to  charge. 

4.  The  same  privilege  is  accorded  to  correspondence  concerning   pris- 
oners of  war,  dispatched  or  received,  either  directly  or  as  intermediary, 
by  the  special  information  offices  established  on  behalf  of  such  persons, 
in  belligerent  countries  or  in  neutral  countries  which  have  received  bel- 
ligerents on  their  territories. 

Correspondence  intended  for  prisoners  of  war  or  dispatched  by  them 
is  likewise  exempt  from  postal  charges,  not  only  in  the  countries  of  origin 
and  destination,  but  in  intermediary  countries, 


THE  UNIVERSAL  POSTAL  UNION  159 

Belligerents  received  and  held  in  a  neutral  country  are  assimilated  to 
prisoners  of  war,  properly  so  called,  in  so  far  as  the  application  of  the 
above-mentioned  stipulations  is  concerned. 

5.  Articles  posted  on  the  high  seas  in  the  letter  box  on  board  a  vessel 
or  placed  in  the  hands  of  postal  agents  on  board  or  the  commanders  of 
ships  may  be  prepaid  by  means  of  the  postage  stamps,  and  according  to 
the  tariff  of  the  country  to  which  the  said  vessel  belongs  or  by  which  it 
is  maintained.  If  the  mailing  on  board  takes  place  during  the  stay  at 
one  of  the  two  terminal  points  of  the  voyage  or  at  any  intermediate  port 
of  call,  prepayment  can  only  be  effected  by  means  of  the  postage  stamps 
and  according  to  the  tariff  of  the  country  in  the  waters  of  which  the 
vessel  happens  to  be. 

Article  12.    Postage  Kept  by  Collecting  Country. 

1.  Each  administration  keeps  the  whole  of  the  sums  which  it  collects 
by  virtue  of  the  foregoing  Articles  5,  6,  7,   10  and  n,  exceptions  being 
made  in  the  case  of  the  credit  due  for  the  money  orders  referred  to  in 
paragraph  2  of  Article  7,  and  also  in  regard  to  reply  coupons  (Article  II ). 

2.  Consequently  there  is  no  necessity  under  this  head  for  any  accounts 
between  the  several  administrations  of  the  union,  subject  always  to  the 
reservations  made  in  paragraph  I  of  the  present  article. 

3.  Letters  and  other  postal  articles  cannot  be  subjected,  either  in  the 
country  of  origin  or  in  that  of  destination,  to  any  postal  tax  or  postal 
fee  at  the  expense  of  the  senders  or  addressees  other  than  those  con- 
templated in  the  articles  above  mentioned. 

Article  13.     Special-Delivery  Articles. 

1.  At  the  request  of  the  senders,  all  classes  of  articles  are  delivered 
at  the  addresses  by  a  special  messenger  immediately  on  arrival,  in  those 
countries  of  the  union  which  consent  to  undertake  this  service  in  their 
reciprocal  relations. 

2.  Such  articles,  which  are  marked  "express"  are  subject  to  a  special 
charge   for  delivery ;   this  charge   is  fixed  at  30  centimes,   and  must  be 
fully  paid  in  advance  by  the  sender,  in  addition  to  the  ordinary  postage. 
It  belongs  to  the  administration  of  the  country  of  origin. 

3.  When  an  article  is  destined  for  a  place  where  there  is  no  post  office 
authorized   to   deliver   correspondence   by   express   messenger,    the   postal 
administration  of  the  country  of  destination  can  levy  an  additional  charge 
up  to  the  amount  of  the  fee  fixed  for  express  delivery  in  its  inland  ser- 
vice, less  the  fixed  charge  paid  by  the  sender,  or  its  equivalent  in  the 
money  of  the  country  which  levies  this  additional  charge. 

The  additional  charge  provided  for  above  is  recoverable  in  case  of 
redirection  or  nondelivery,  and  is  retained  by  the  administration  which 
has  raised  it. 

4.  "Express"  articles  upon  which  the  total  amount  of  the  charges  pay- 
able in  advance  has  not  been  prepaid  are  delivered  by  the  ordinary  means, 


160  INTERNATIONAL  RELATIONS 

unless  they  have  been  treated  as  expressed  by  the  office  of  origin. 
Article  14.     Reforwarding;   Undelivered  Articles. 

1.  No   additional   postage   is   charged    for   the    reforwarding   of    postal 
articles  within  the  union. 

2.  Undelivered  articles  do  not,  when  returned,  give  rise  to  the  restitu- 
tion of  the  transit  charges  due  to  intermediate  administrations  for  the 
previous  conveyance  of  such  correspondence. 

3.  Unpaid  letters  and  post  cards  and  insufficiently  paid  articles  of  every 
description,  which  are  returned  to  the  country  of  origin  as  redirected  or 
as  undeliverable,  are  liable,  at  the  expense  of  the  addressees  or  senders,  to 
the  same  rates  as  similar  articles  addressed  directly  from  the  country  of 
the  first  destination  to  the  country  of  origin. 

Article  15.    Mails  exchanged  with  Warships. 

1.  Closed  mails  may  be  exchanged  between  the  post  offices  of  any  one 
of  the  contracting  countries  and  the  commanding  officers  of  naval  di- 
visions  or   ships  of  war   of   the   same  country  stationed   abroad,  or  be- 
tween the  commanding  officers  of  one  of  those  naval  divisions  or  ships 
of  war  and  the  commanding  officer  of  another  division  or  ship  of  the 
same  country,  through  the  medium  of  the  sea  or  land  services  maintained 
by  other  countries. 

2.  Articles   of   every   description   inclosed   in   these   mails   must   consist 
exclusively  of  such  as  are  addressed  to  or  sent  by  the  officers  and  crews 
of  the  ships  to  or  from  which  the  mails  are  forwarded ;  the  rates  and 
conditions  of  dispatch  applicable  to  them  are  determined,   according  to 
its  internal  regulations,  by  the  postal  administration   of  the  country  to 
which  the  ships  belong. 

3.  In  the  absence  of  any  arrangement  to  the  contrary  between  the  offices 
concerned,  the  post  office  which  receives  or  dispatches  the  mails  in  ques- 
tion is  accountable  to  the  intermediate  offices  for  transit  charges  calcu- 
lated in  accordance  with  the  stipulations  of  article  4. 

Article  16.     Prohibitions. 

1.  Commercial  papers,  samples,  and  printed  papers  which  do  not  ful- 
fill the  conditions  laid  down  for  articles  of  these  categories  in  Article  5 
of  the  present  convention  and  in  the  regulations  contemplated  in  Article 
20  are  not  to  be  forwarded. 

2.  If  occasion  arise,  these  articles  are  sent  back  to  the  post  office  of 
origin  and  returned,  if  possible,  to  the  sender,  save  where,  in  the  case 
of  articles  prepaid  at  least  partially,  the  administration  of  the  country 
of  destination  is  authorized  by  its  laws  or  by  its  internal  regulations  to 
deliver  them. 

3.  It  is  forbidden : 
i°  To  send  by  post: 

a.  Samples  and  other  articles  which,  from  their  nature,  may  expose  the 
postal  officials  to  danger  or  soil  or  damage  the  correspondence; 


THE  UNIVERSAL  POSTAL  UNION  161 

b.  Explosive,  inflammable,  or  dangerous  substances ;  animals  and  in- 
sects, living  or  dead,  except  in  the  cases  provided  for  in  the  regulations 
contemplated  in  Article  20  of  the  convention. 

2°  To  insert  in  ordinary  or  registered  correspondence,  consigned  to 
the  post: 

a.  Coin; 

b.  Articles  liable  to  customs  duty ; 

c.  Articles  of  gold  and  silver,  precious  stones,  jewelry  and  other  pre- 
cious articles,  but  only  where  their  insertion  or  transmission  is  forbidden 
by  the  legislation  of  the  countries  concerned; 

d.  Any  articles  whatsoever  of  which  the  importation  or  circulation  is 
prohibited  in  the  country  of  destination. 

4.  Packets  falling  under  the  prohibitions  of  the  foregoing  paragraph  3, 
which   have   been    erroneously   admitted   to    transmission,    should   be    re- 
turned to  the  post  office  of  origin,  except  in  cases  where  the  administra- 
tion of  the  country  of  destination  is  authorized  by  its  laws  or  by  its  in- 
ternal regulations  to  dispose  of  them  otherwise. 

Explosive,  inflammable,  or  dangerous  substances,  however,  are  not  re- 
turned to  the  country  of  origin ;  they  are  destroyed  on  the  spot  under 
the  direction  of  the  administration  which  has  detected  their  presence. 

5.  The  right  is,  moreover,  reserved  to  the  government  of  every  coun- 
try of  the  union  to  refuse  to  convey  over  its  territory,  or  to   deliver, 
articles  passing  at  reduced  rates  in  regard  to  which  the  laws,  ordinances, 
or  decrees  which  regulate  the  conditions  of  their  publication  or  circula- 
tion in  that  country  have  not  been  complied  with,  or  correspondence  of 
any  kind  bearing  ostensibly  inscriptions,   designs,  etc.,   forbidden  by  the 
legal  enactments  or  regulations  in  force  in  the  same  country. 

Article  17.     Regulations  with  Countries  Outside  the  Union. 

1.  Offices  of  the  Union  which  have  relations  with  countries  situate  out- 
side the  Union  are  to  lend  their  assistance  to  all  the  other  offices  of  the 
Union : 

i°  For  the  transmission,  by  their  services,  either  in  open  mail  or  in 
closed  mails,  if  this  method  of  transmission  is  admitted  by  mutual  agree- 
ment between  the  offices  of  origin  and  destination  of  the  mails,  of  articles 
addressed  to  or  originating  in  countries  outside  the  union ; 

2°  For  the  exchange  of  articles  either  in  open  mail  or  in  closed  mails 
across  the  territories  or  by  means  of  services  maintained  by  the  said 
countries  outside  the  union; 

3°  That  the  articles  conveyed  may  be  subject  outside  the  union,  as 
within  the  union,  to  the  transit  rates  determined  by  Article  4. 

2.  The  charges  for  the  total  sea  transit,  within  and  without  the  union, 
may  not  exceed   15   francs  per  kilogram  of  letters  and  post  cards  and 
i  franc  per  kilogram  of  other  articles.     If  occasion  arise,  these  charges 
are  divided,  in  the  ratio  of  distances,  between  the  offices  taking  part  in 
the  sea  conveyance. 


162  INTERNATIONAL  RELATIONS 

3.  The  charges  for  transit,  by  land  or  sea,  without  as  well  as  within 
the  limits  of  the  union,  on  the  articles  to  which  the  present  article  ap- 
plies, are  established  in  the  same  manner  as  the  transit  charges  relating 
to  articles  exchanged  between  union  countries  by  means  of  the  services 
of  other  countries  of  the  union. 

4.  The  transit  charges  on  articles  for  countries  outside  the  postal  union 
are  payable  by  the  office  of  the  country  of  origin,  which  fixes  the  postage 
rates  in  its   services   for  the  said  articles,  but  these  rates  may  not   be 
lower  than  the  normal  union  tariff. 

5.  The  transit  charges  on  articles  originating  in  countries  outside  the 
union  are  not  payable  by  the  office  of  the  country  of  destination.     That 
office  delivers  without  charge  articles  transmitted  to  it  as  fully  prepaid ; 
it  charges  unpaid  articles  double  the  prepaid  rate  applicable  in  its  own 
service  to  similar  articles  addressed  to  the  country  where  the  said  articles 
originate,  and  insufficiently  prepaid  articles  double  the  deficiency;  but  the 
charge  may  not  exceed  that  which  is  levied  on  unpaid  articles  of  the 
same  nature,  weight,  and  origin. 

6.  With  regard  to  responsibility  in  the  matter  of  registered  articles,  the 
articles  are  treated: 

For  transmission  within  the  limits  of  the  union  in  accordance  with  the 
stipulations  of  the  present  convention ; 

For  transmission  without  the  limits  of  the  union  in  accordance  with 
the  conditions  notified  by  the  office  of  the  union  which  serves  as  the  in- 
termediate office. 

Article  18.    Counterfeit  Postage   Stamps. 

The  high  contracting  parties  undertake  to  adopt,  or  to  propose  to  their 
respective  legislatures,  the  necessary  measures  for  punishing  the  fraudu- 
lent use  of  counterfeit  postage  stamps  or  stamps  already  used  for  the 
prepayment  of  correspondence.  They  also  undertake  to  adopt,  or  to 
propose  to  their  respective  legislatures,  the  necessary  measures  for  pro- 
hibiting and  repressing  the  fraudulent  manufacture,  sale,  offering  for 
sale,  or  distribution  of  embossed  or  adhesive  stamps  in  use  in  the  postal 
service,  forged  or  imitated  in  such  a  manner  as  to  be  mistakable  for  the 
embossed  and  adhesive  stamps  issued  by  the  administration  of  any  one 
of  the  contracting  countries. 

Article  19.     Special  Arrangements    for   Particular   Services. 

The  services  concerning  letters  and  boxes  of  declared  value,  postal 
money  orders,  postal  parcels,  collection  of  bills  and  drafts,  certificates 
of  indemnity,  subscriptions  to  newspapers,  etc.,  form  the  subject  of  special 
arrangements  between  the  various  countries  or  groups  of  countries  com- 
posing the  union. 

Article  20.  Regulations  of  Execution;  Special  Agreements  between 
Administrations. 

I.  The  postal  administrations  of   the  various  countries  composing  the 


THE  UNIVERSAL  POSTAL  UNION  163 

union  are  competent  to  draw  up,  by  common  consent,  in  the  form  of 
regulations  of  execution,  all  the  measures  of  order  and  detail  which 
are  judged  necessary. 

2.  The   several   administrations   may,   moreover,   make   amongst   them- 
selves the  necessary  arrangements  on  the  subject  of  questions  which  do 
not  concern  the  union  generally,  provided  that  those  arrangements  do  not 
derogate  from  the  present  convention. 

3.  The  administrations  concerned  are,  however,  permitted  to  come  to 
mutual  arrangements  for  the  adoption  of  lower  rates  of  postage  within  a 
radius  of  30  kilometers. 

Article  21.    Internal  Laws;  Restricted  Unions. 

1.  The  present  convention  does  not  involve  alterations  in  the  legisla- 
tion of  any  country  as  regards  anything  which  is  not  provided  for  by  the 
stipulations  contained  in  this  convention. 

2.  It  does  not  restrict  the  right  of  the  contracting  parties  to  maintain 
and  to  conclude  treaties,  as  well  as  to  maintain  and  establish  more  re- 
stricted unions,  with  a  view  to  the  reduction  of  postage  rates  or  to  any 
other  improvement  of  postal  relations. 

Article  22.    International  Bureau. 

1.  Under  the  name  of  the  International  Bureau  of  the  Universal  Postal 
Union  a  central  office  is  maintained  which  is  conducted  under  the  super- 
vision of  the  Swiss  postal  administration,  and  of  which  the  expenses  are 
borne  by  all  the  administrations  of  the  union. 

2.  This  bureau  is  charged  with  the  duty  of  collecting,  collating,  publish- 
ing, and  distributing  information  of  every  kind  which  concerns  the  in- 
ternational postal  service ;  of  giving,  at  the  request  of  parties  concerned, 
an  opinion  upon  questions  in  dispute ;  of  making  known  proposals   for 
modifying  the  acts  of  the  congress;  and,  in  general,  of  taking  up  such 
studies  and  labors  as  may  be  confided  to  it  in  the  interest  of  the  postal 
union. 

Article  23.     Disputes  to  be  Settled  by  Arbitration. 

1.  In    case    of   disagreement    between    two    or    more    members    of    the 
union  as   to   the  interpretation  of  the  present  convention,  or   as   to   the 
responsibility  resting  on  an  administration  by  the  application  of  the  said 
convention,   the  question  in  dispute  is   decided  by  arbitration.     To  that 
end  each  of  the  administrations  concerned  chooses   another  member  of 
the  union  not  directly  interested  in  the  matter. 

2.  The  decision  of  the  arbitrators  is  given  by  an  absolute  majority  of 
votes. 

3.  In  case  of  an  equality  of  votes  the  arbitrators  choose,  with  the  view 
of  settling  the  difference,  another  administration  equally  uninterested  in 
the  question  in  dispute. 

4.  The  stipulations  of  the  present  article  apply  equally  to  all  the  agree- 
ments concluded  by  virtue  of  the  foregoing  Article  19. 


164  INTERNATIONAL  RELATIONS 

Article  24.    Adhesions  to  the  Convention. 

1.  Countries  which  have  not  taken  part  in  the  present  convention  are 
admitted  to  adhere  to  it  upon  their  demand. 

2.  This    adhesion    is    notified    through    the    diplomatic    channel    to    the 
government  of  the  Swiss  Confederation,  and  by  that  government  to  all 
the  countries  of  the  union. 

3.  It  implies,  as  a  right,  accession  to  all  the  clauses  and  admission  to 
all  the  advantages  for  which  the  present  convention  stipulates. 

4.  It   devolves   upon   the   government   of   the    Swiss   Confederation   to 
determine,  by  common  consent  with  the  government  of  the  country  con- 
cerned, the  share  to  be  contributed  by  the  administration  of  this  latter 
country  toward  the  expenses  of  the  international  bureau,  and,  if  neces- 
sary, the  rates  to  be  levied  by  that  administration  in  conformity  with  the 
foregoing  Article  10. 

Article  25.    Congresses  and  Conferences. 

1.  Congresses    of    plenipotentiaries    of    the    contracting    countries,    or 
simple  administrative   conferences,   according  to   the   importance   of   the 
questions  to  be  solved,  are  held,  when  a  demand  for  them  is  made  or  ap- 
proved by  two  thirds,  at   least,   of  the  governments  or  administrations, 
as  the  case  may  be. 

2.  A  congress  shall,  in  any  case,  be  held  not  later  than  five  years  after 
the  date  of  the  entry  into  force  of  the  acts  concluded  at  the  last  congress. 

3.  Each  country  may  be  represented  by  one  or  several  delegates,  or  by 
the  delegation  of  another  country.     But  it  is  understood  that  the  delegate 
or  delegates  of  one  country  can  be  charged  with  the  representation  of 
two  countries  only,  including  the  country  they  represent. 

4.  In  the  deliberations  each  country  has  one  vote  only. 

5.  Each  congress  settles  the  place  of  meeting  of  the  next  congress. 

6.  For  conferences,  the  administrations  settle  the  places  of  meeting  on 
the  proposal  of  the  International  Bureau. 

Article  26.    Proposals  made  between  Congresses. 

1.  In  the  interval  which  elapses  between  the  meetings,  any  postal  ad- 
ministration of  a  country  of  the  union  has  the  right  to  address  to  the 
other  administrations  belonging  to  it,  through  the  medium  of  the  Inter- 
national Bureau,  proposals  concerning  the  regime  of  the  union. 

In  order  to  be  considered,  every  proposal  must  be  supported  by  at 
least  two  administrations,  without  counting  that  from  which  the  pro- 
posal emanates.  When  the  International  Bureau  does  not  receive,  at  the 
same  time  as  the  proposal,  the  necessary  number  of  declarations  of  sup- 
port, the  proposal  fails. 

2.  Every  proposal  is  subject  to  the  following  procedure: 

A  period  of  six  months  is  allowed  to  the  Administrations  of  the  Union 
to  examine  the  proposals  and  to  communicate  their  observations,  if  any, 
to  the  International  Bureau.  Amendments  are  not  admitted.  The  ans- 


THE  UNIVERSAL  POSTAL  UNION  165 

wers  are  tabulated  by  the  International  Bureau,  and  communicated  to  the 
Administrations,  with  an  invitation  to  declare  themselves  for  or  against. 
Those  who  have  not  furnished  their  vote  within  a  period  of  six  months, 
counting  from  the  date  of  the  second  circular  of  the  International  Bureau 
notifying  to  them  the  observations  which  have  been  received,  are  con- 
sidered as  abstaining. 

3.  In  order  to  become  binding,  the  proposals  must  obtain: 

i°  Unanimity  of  votes  if  they  involve  the  addition  of  new  stipulations 
or  any  modification  of  the  stipulations  of  the  present  Article  or  of  Arti- 
cles 2,  3,  4,  5,  6,  7,  8,  9,  12,  13,  15,  18,  27,  28  and  29. 

2°  Two  thirds  of  the  votes  if  they  involve  a  modification  of  the  stipu- 
lations of  the  conventions  other  than  those  of  Articles  2,  3,  4,  5,  6,  7,  8,  9, 
12,  13,  15,  18,  26,  27,  28  and  29. 

3°  Simply  an  absolute  majority,  if  they  affect  the  interpretation  of  the 
stipulations  of  the  Convention,  except  in  the  case  of  dispute  contemplated 
by  the  foregoing  Article  23. 

4.  Resolutions  duly  adopted  are  sanctioned,  in  the  first  two  cases,  by  a 
diplomatic  declaration,  which  the  government  of  the  Swiss  Confederation 
is  charged  with  the  duty  of  preparing  and  transmitting  to  all  the  Govern- 
ments of  the  contracting  countries;  and  in  the  third  case  by  a  simple 
notification  from  the  International  Bureau  to  all  the  Administrations  of 
the  Union. 

5.  No  modification  or  resolution  adopted  is  binding  until  at  least  three 
months  after  its  notification. 

Article  27.    Protectorates  and  Colonies  Included  in  the  Union. 

For  the  application  of  the  foregoing  Articles  22,  25  and  26,  the  follow- 
ing are  considered  as  a  single  country  or  Administration  as  the  case 
may  be: 

i°  The  'German  protectorates  of  Africa; 

2°  The  German  protectorates  of  Asia  and  Australasia; 

3°  The  Empire  of  British  India; 

4°  The  Dominion  of  Canada; 

5°  The  Commonwealth  of  Australia  with  British  New  Guinea; 

7°  The  whole  of  all  the  other  British  colonies ; 

8°  The  whole  of  the  island  possessions  of  the  United  States  of  America, 
comprising  at  present  the  islands  of  Hawaii,  the  Philippine  Islands,  and 
the  islands  of  Porto  Rico  and  of  Guam. 

9°  The  whole  of  the  Danish  colonies ; 

10°  The  whole  of  the  Spanish  colonies; 

11°  Algeria; 

12°  The  French  colonies  and  protectorates  in  Indo-China; 

13°  The  whole  of  the  other  French  colonies ; 

14°  The  whole  of  the  Italian  colonies; 

15°  The  whole  of  the  Dutch  colonies; 


166  INTERNATIONAL  RELATIONS 

16°  The  Portuguese  colonies  of  Africa; 

17°  The  whole  of  the  other  Portuguese  colonies. 

Article  28.    Duration  of  the  Convention. 

The  present  convention  shall  come  into  operation  on  the  1st  of  Octo- 
ber, 1907,  and  shall  remain  in  force  for  an  indefinite  period;  but  each 
contracting  party  has  the  right  of  withdrawing  from  the  Union,  by 
means  of  a  notice  given  one  year  in  advance  by  its  Government  to  the 
Government  of  the  Swiss  Confederation. 

Articles  29.    Abrogation  of   Previous  Conventions ;   Ratification. 

1.  From  the  date  on  which  the  present  Convention  comes  into  effect, 
all  the  stipulations  of  the  Treaties,  Conventions,  Agreements,  or  other 
Acts  previously  concluded  between  the  various  countries  or  Administra- 
tions, in  so  far  as  those  stipulations  are  not  in  accordance  with  the  terms 
of  the  present  Convention,  are  abrogated,  without  prejudice  to  the  rights 
reserved  by  the  foregoing  Article  21. 

2.  The  present  Convention  shall  be  ratified  as  soon  as  possible.     The 
acts  of  ratification  shall  be  exchanged  at  Rome. 

3.  In  faith  of  which  the  plenipotentiaries  of  the  above-named  countries 
have  signed  the  present  convention  at  Rome  on  the  26th  of  May,  1906. 

(Signatures) 

i 

FINAL  PROTOCOL 

At  the  moment  of  proceeding  to  sign  the  Conventions  settled  by  the 
Universal  Postal  Congress  of  Rome,  the  undersigned  plenipotentiaries 
have  agreed  as  follows : 

I.  Note   is   taken   of  the   declaration   of   the   British   delegates   in   the 
name  of  their  Government  to  the  effect  that  it  has  assigned  to  New  Zea- 
land, with  the  Cook  Islands  and  other  island  dependencies,  the  vote  which 
Article  27. 7th,  of  the  Convention  attributes  to  "the  whole  of  the  other 
British  Colonies." 

II.  In  modification  of  Article  27  of  the  Convention,  a  second  vote  is 
accorded  to  the  Netherlands  colonies,  in  favor  of  the  Netherlands  East 
Indies. 

III.  In  modification  of  the  stipulations  of  paragraph  i  of  Article  5,  it 
is  agreed  that,  as  a  temporary  measure,  Postal  Administrations,  which  in 
consequence  of  the  organization  of  their  internal   service,  or   for  other 
causes,  cannot  adopt  the  principle  of  the  increase  of  the  unit  of  weight 
of  letters  from  15  to  20  grams,  and  that  of  the  reduction  of  the  charge 
above  the  first  unit  of  weight  to  15  centimes  for  each  supplementary  rate 
instead  of  25  centimes,  are  authorized  to  postpone  the  application  of  these 
two  stipulations  or  of  one  or  other  of  them,  so  far  as  regards  letters 
originating  in  their  service,  until  the  day  when  they  are  in  a  position  to 
apply  them,  and  to  conform  in  the  mean  time  to  the  measures  prescribed 
on  this  subject  by  the  Congress  of  Washington. 


UNIVERSAL  POSTAL  UNION  167 

IV.  In  modification  of  Article  6  of  the  Convention,  which  fixes  at  25 
centimes  the  maximum  charge  for  registration,   it  is   agreed  that  coun- 
tries  out   of    Europe   are   authorized    to   maintain   this   maximum   at   50 
centimes,  inclusive  of  the  delivery  of  a  registered  receipt  to  the  sender. 

V.  By  way  of  exception  to  the  provisions  of  paragraph  3  of  Article  12 
of  the  Convention,  Persia  has  the  right  of  collecting  from  the  addressees 
of  printed  papers  of  all  kinds  received  from  foreign  countries  a  tax  of  5 
centimes  per  article  distributed.    This  right  is  accorded  to  it  provisionally. 

The  same  right  is  accorded  to  China  in  the  event  of  its  adhering  to 
the  principal  Conventions. 

VI.  By  way  of  exception  to  the  provisions  of  Article  4  of  the  Conven- 
tion  and   to   the   corresponding   paragraphs   of    the    Regulations    relative 
thereto,  it  is  agreed  as  follows  in  regard  to  the  transit  rates  to  be  paid 
to  the  Russian  Administration  on  account  of  correspondence  exchanged 
by  way  of  the  Siberian  Railway: 

i°  The  accounting  for  transit  charges  in  respect  to  the  articles  men- 
tioned above  shall  be  based,  from  the  date  of  the  opening  of  the  afore- 
said railway,  on  special  returns  taken  every  three  years  during  the  first 
twenty-eight  days  of  the  month  of  May  or  of  the  month  of  November 
(alternately)  of  the  second  year  of  each  triennial  period,  such  returns  to 
take  effect  retrospectively  from  the  first  year. 

2°  The  statistics  of  May,  1908,  shall  regulate  the  payments  to  be  made 
from  the  date  of  the  commencement  of  the  traffic  in  question  until  the 
end  of  the  year  1909.  The  statistics  of  November,  1911,  shall  apply  to  the 
years  1910,  1911,  and  1912,  and  so  on. 

3°  If  a  country  in  the  Union  commences  the  dispatch  of  its  articles  by 
way  of  the  Siberian  Railway  during  the  period  covered  by  the  above  men- 
tioned statistics,  Russia  has  the  right  to  demand  the  taking  of  separate 
statistics  relating  exclusively  to  such  articles. 

4°  The  payment  of  transit  charges  due  to  Russia  for  the  first,  and  if 
necessary,  for  the  second  year  of  each  triennial  period,  is  to  be  made 
provisionally  at  the  end  of  the  year  on  the  basis  of  the  preceding  sta- 
tistics, subject  to  a  subsequent  settlement  of  accounts  in  accordance  with 
the  results  of  the  new  statistics. 

5°  Transit  in  open  mail  is  not  admitted  by  the  aforesaid  railway. 

Japan  has  the  right  to  apply  the  stipulations  of  each  paragraph  of  the 
present  article  in  regard  to  the  settlement  of  transit  rates  due  to  Japan 
for  the  land  or  sea  transit  of  articles  exchanged  by  way  of  the  Japanese 
railway  in  China (  Manchuria)  and  so  far  as  concerns  the  inadmissibility 
of  transit  in  open  mail. 

VII.  Salvador,   which   forms   a  part  of  the   Postal  Union,   not  having 
been  represented  at  the  Congress,  the  Protocol  remains  open  to  it  in  order 
that  it  may  adhere  to  the  conventions  which  have  been  concluded  there  or 
only  to  one  or  other  of  them. 

It  remains  open  with  the  same  object : 


i68  INTERNATIONAL  RELATIONS 

a.  To  Nicaragua  and  to  Peru,  whose  delegates  at  the  Congress  were 
not  furnished  with  full  powers : 

b.  To  the  Dominican  Republic,  whose  delegate  was  obliged  to  be  absent 
when  the  Acts  were  signed. 

The  Protocol  likewise  remains  open  to  the  Chinese  Empire  and  the 
Empire  of  Ethiopia,  whose  delegates  to  the  Congress  have  announced  the 
intention  of  those  countries  to  enter  the  Universal  Postal  Union  on  a 
date  to  be  fixed  hereafter. 

VIII.  The  Protocol  remains  open  to  those  countries  whose  representa- 
tives have  to-day  signed  only  the  principal  Convention,  or  only  a  certain 
number  of  the  Conventions  settled  by  the  Congress,  in  order  to  admit  of 
their  adherence  to  the  other  Conventions  signed  this  day,  or  to  one  or 
other  of  them. 

IX.  The  adhesions  contemplated  in  the  foregoing  Article  VII  must  be 
notified  to  the  Government  of  Italy  by  the  respective  Governments  in 
diplomatic  form.     The  term  accorded  to  them   for  the  notification  will 
expire  on  the  1st  of  July,  1907. 

X.  In  the  event  of  one  or  more  of  the  contracting  parties  to  the  Postal 
Conventions  signed  today  at  Rome  not  ratifying  one  or  other  of  these 
Conventions,  this  Convention  shall  be  none  the  less  valid  for  the  States 
which  shall  have  ratified  it. 

In  faith  of  which  the  undermentioned  plenipotentiaries  have  drawn  up 
the  present  final  Protocol,  which  shall  have  the  same  force  and  validity  as 
if  its  provisions  were  inserted  in  the  text  itself  of  the  Conventions  to 
which  it  relates,  and  they  have  signed  it  on  a  single  copy,  which  shall  re- 
main in  the  archives  of  the  government  of  Italy,  and  of  which  a  copy 
shall  be  delivered  to  each  party. 

Done  at  Rome,  the  26th  of  May,  1906. 

(Signatures)4 

Detailed  regulations  for  the  execution  of  the  convention 
were  also  agreed  to  and  signed  on  the  same  day.  They  are 
too  long  and  minute  in  their  provisions  to  copy  here. 

The  expenses  of  the  International  Bureau  are  provided  for 
by  Article  XXXVIII  of  the  regulations  which  reads  as 
follows : 

Division  of  the  expenses  of  the  International  Bureau. 

1.  The  ordinary  expenses  of  the  International  Bureau  must  not  exceed 
the  sum  of  125,000  francs  annually,  irrespective  of  the  special  expenses  to 
which  the  meeting  of  a  Congress  or  of  a  Conference  gives  rise. 

2.  The  Swiss  Postal  Administration  supervises  the  expenses  of  the  In- 

4  Statutes  of  the  United  States  1907-1008.  Part  II.  Treaties  and  Con- 
ventions, 5  to  135. 


UNIVERSAL  POSTAL  UNION  169 

ternational  Bureau,  makes  the  necessary  advances,  and  prepares  the  an- 
nual account,  which  is  communicated  to  all  the  other  Administrations. 

3.  For  the  apportionment  of  the  expenses,  the  countries  of  the  Union 
are  divided  into  seven  classes,  each  contributing  in  the  proportion  of  a  cer- 
tain number  of  units,  viz: 

1st    class  25  units 

2nd      "  20     " 

3rd      "  15     " 

4th  10 

5th      "  5     " 

6th      "  3     " 

7th      "  i     " 

4.  These  co-efficients  are  multiplied  by  the  number  of  countries  of  each 
class,  and  the  total  of  the  products  thus  obtained  furnishes  the  number  of 
units  by  which  the  whole  expense  is  to  be  divided.    The  quotient  gives  the 
amount  of  the  unit  of  expense. 

5.  The  countries  of  the  Union  are  classified  as  follows,  in  view  of  the 
division  of  expenses : 

ist  class :  Germany,  Austria,  United  States  of  America,  France,  Great 
Britain,  Hungary,  British  India,  Commonwealth  of  Australia,  Canada, 
the  British  Colonies  and  Protectorates  of  South  Africa,  the  whole  of  the 
other  British  Colonies  and  Protectorates,  Italy,  Japan,  Russia,  Turkey. 

2nd  class :  Spain. 

3rd  class:  Belgium,  Brazil,  Egypt,  Netherlands,  Roumania,  Sweden, 
Switzerland,  Algeria,  French  Colonies  and  Protectorates  in  Indo  China, 
the  whole  of  the  other  French  Colonies,  the  whole  of  the  insular  posses- 
sions of  the  United  States  of  America,  Dutch  East  Indies; 

4th  class :  Denmark,  Norway,  Portugal,  Portuguese  Colonies  in  Africa, 
the  whole  of  the  other  Portuguese  Colonies; 

5th  class :  Argentine  Republic,  Bosnia-Herzegovina,  Bulgaria,  Chili,  Co- 
lombia, Greece,  Mexico,  Peru,  Servia,  Tunis; 

6th  class :  Bolivia,  Costa  Rica,  Cuba,  Dominican  Republic,  Ecuador, 
Guatemala,  Hayti,  Republic  of  Honduras,  Luxemburg,  Republic  of  Nicara- 
gua, Republic  of  Panama,  Paraguay,  Persia,  Republic  of  Salvador,  King- 
dom of  Siam,  Uruguay,  Venezuela,  German  Protectorates  in  Africa,  Ger- 
man Protectorates  in  Asia  and  Australasia,  Danish  Colonies,  Colony  of 
Curacoa  (or  Dutch  West  Indies),  Colony  of  Surinam  (or  Dutch  Guiana)  ; 

7th  class :  Congo  Free  State,  Corea,  Crete,  Spanish  Establishments  in 
the  Gulf  of  Guinea,  the  whole  of  the  Italian  Colonies,  Liberia,  Mon- 
tenegro.5 

The  functions  of  the  International  Postal  Union  and  of  the 
postoffice  departments  of  the  governments  constituting-  it  are 

5  Statutes  of  the  United  States,  1907-1908,  Part  II.  96. 


170  INTERNATIONAL  RELATIONS 

essentially  those  of  a  common  carrier.  The  money-order  de- 
partment adds  another  business  function  usually  performed 
by  bankers.  The  sole  purpose  of  the  Union  is  to  perform  use- 
ful public  services  which  have  no  necessary  connection  with 
any  purely  political  question,  or  with  the  jealousies  or  am- 
bitions of  governments.  The  general  plan  on  which  the  busi- 
ness is  carried  on  is  more  purely  socialistic  than  any  other 
function  discharged  by  the  governments.  A  vast  amount  of 
property  is  owned  and  used  in  the  conduct  of  the  business,  the 
title  to  which  is  vested  in  the  public.  There  are  no  stock- 
holders to  either  direct  the  management  or  demand  dividends. 
The  people  of  each  nation  furnish  to  their  government,  by  such 
method  of  taxation  or  contribution  as  the  policy  of  the  par- 
ticular state  dictates,  all  funds  necessary  for  the  accommoda- 
tion and  maintenance  of  the  service  within  its  territory.  The 
rates  of  postage  fixed  by  the  Union  for  the  international  ser- 
vice as  well  as  those  of  each  local  government  for  its  domestic 
service,  are  intended  to  be  sufficient  to  pay  the  actual  cost  of 
the  service,  without  any  return  for  the  use  of  the  postoffice 
buildings  or  other  public  property.  The  employees  who  per- 
form the  service  are  interested  in  the  compensation  they  re- 
ceive and  the  conditions  under  which  the  service  is  performed. 
The  general  public  are  interested  in  the  efficiency  of  the  ser- 
vice and  the  cost  of  it.  The  governments  stand  as  the  repre- 
sentatives of  the  whole  people  charged  with  the  duty  of  se- 
curing the  best  possible  service  at  a  reasonable  cost.  Acting 
on  these  principles  the  nations  have  built  up  their  domestic 
establishments,  and  by  the  convention  above  given  they  have 
combined  to  make  the  system  universal.  In  this  manner  by 
far  the  greatest  and  most  efficient  business  establishment  that 
ever  existed  has  been  brought  into  being.  Considering  the 
magnitude  of  its  operations  and  the  numbers  of  people  who  are 
dependent  on  its  service,  the  provisions  of  the  convention  ap- 
pear to  be  very  simple  and  concise.  The  appended  regulations 
go  into  more  minute  details,  but  when  the  diverse  circum- 
stances affecting  the  service  in  different  parts  of  the  world  are 
considered,  the  differences  in  language,  in  units  of  weight, 


UNIVERSAL  POSTAL  UNION  171 

measure,  distance  and  value,  these  also  appear  to  be  models  of 
clearness  and  brevity. 

The  convention  makes  provisions  for  the  settlement  of  con- 
troversies under  it  arising  between  members  of  the  Union  by 
arbitration  in  accordance  with  the  provisions  of  Article  23. 

By  article  25  it  is  provided  that  congresses  of  plenipoten- 
tiaries shall  be  held  as  often  as  once  in  five  years  and  oftener 
on  demand  of  two-thirds  of  the  governments,  and  simple  ad- 
ministrative conferences  are  also  provided  for. 

Proposals  concerning  the  regime  of  the  Union  may  also  be 
made  by  any  member  and  submitted  to  a  referendum  vote, 
when  the  proposal  is  supported  by  at  least  two  administrations 
other  than  the  one  making  the  proposal.  To  become  binding 
the  vote  must  be  unanimous  if  the  proposition  affects  articles 
2,  3>  4,  5.  6»  7>  8>  9>  I2>  J3>  J5>  l8>  27»  28  and  29,  and  two- 
thirds  if  it  involves  a  modification  of  the  other  articles.  If 
the  proposal  is  merely  one  of  interpretation  not  involving  a 
matter  subject  to  arbitration  under  article  23,  an  absolute 
majority  of  all  determines  the  question. 

Considered  as  a  whole  the  convention  accords  with  the  prin-» 
ciples  of  freedom  and  equality  among  the  nations,  and  economy 
and  efficiency  in  the  service.  By  the  latitude  given  for  adapta- 
tion to  exceptional  conditions,  and  liberty  to  the  governments 
concerned  to  adjust  matters  of  interest  to  only  two  or  a  few  of 
them,  it  avoids  difficulties  and  inconveniences  that  would  re- 
sult from  unnecessarily  rigid  rules.  Its  activities  extend  to 
people  in  every  state  of  social  and  political  organization,  and 
the  agencies  employed  must  needs  be  adapted  to  every  con- 
dition. 

These  among  other  considerations  have  induced  the  Con- 
gress of  the  United  States  to  confer  powers  on  a  cabinet  officer 
with  the  advice  and  consent  of  the  President,  which  under  the 
constitution  are  vested  in  the  President  and  the  Senate.  It  is 
provided  by  statute  as  follows : 

"For  the  purpose  of  making  better  postal  arrangements  with  foreign 
countries,  or  to  counteract  their  adverse  measures  affecting  our  postal 
intercourse  with  them,  the  Postmaster-General,  by  and  with  the  advice 
and  consent  of  the  President,  may  negotiate  and  conclude  postal  treaties 


172  INTERNATIONAL  RELATIONS 

or  conventions,  and  may  reduce  or  increase  the  rates  of  postage  on  mail- 
matter  conveyed  between  the  United  States  and  foreign  countries."6 

"The  Postmaster-General  shall  transmit  a  copy  of  each  postal  convention 
concluded  with  foreign  governments  to  the  Secretary  of  State,  who  shall 
furnish  a  copy  of  the  same  to  the  Congressional  Printer  for  publication ; 
and  the  printed  proof-sheets  of  all  such  conventions  shall  be  revised  at 
the  Post-Office  Department."7 

The  Union  as  a  governmental  and  business  agency  appears 
to  be  more  firmly  established  and  secure  against  attack  than 
any  other  international  institution  or  combination. 

6  Revised  Statutes  of  the  United  States  §399. 
*  Id.  §400. 


CHAPTER  V 
COMMON  PROPERTY  OF  ALL  NATIONS 

The  accepted  doctrine  of  international  law  is  that  each  na- 
tion has  exclusive  dominion  over  its  lands,  interior  waters,  and 
the  sea  along  its  coasts  for  a  marine  league  from  low  water.1 
Beyond  this  marginal  strip  of  the  sea  no  nation  has  exclusive 
rights,  but  the  ocean  is  free  to  the  ships  of  all  nations.  The  ex- 
pression "freedom  of  the  seas"  is  more  generally  used  as  in- 
dicating the  rights  of  all  nations  to  its  use  than  any  phrase 
expressing  property  rights.  But  the  human  race  dominates  the 
earth,  whether  the  surface  be  of  land  or  water,  and  the  con- 
ception of  a  right  of  property  over  anything  susceptible  of 
use  grows  with  the  realization  of  the  uses  to  which  it  may  be 
put  and  the  advantages  to  be  derived  therefrom.  The  idea  of 
private  ownership  of  land  is  a  development  of  advanced 
civilizaton  in  regions  so  densely  peopled  that  it  became  neces- 
sary to  apportion  a  dwelling  place  to  each.  The  theory  of 
paper  titles  to  land,  wholly  without  regard  to  use  or  occupancy, 
is  a  further  extension  of  the  idea  of  private  ownership  of  the 
soil,  and  makes  it  a  marketable  commodity  protected  by  posi- 
tive law.  This  theory  of  ownershp  is  also  adopted  by  the  na- 
tions, each  of  which  claims  exclusive  dominion  over  a  definite 
portion  of  the  land.  Nations  also  have  treated  their  ownership 
as  a  vendible  commodity  and  have  bought  and  sold  great  dis- 
tricts. It  was  by  purchase  that  the  United  States  acquired 
Louisiana,  Florida,  Alaska,  portions  of  Mexico  and  other  dis- 
tricts and  islands.  Although  it  is  stated  in  the  law  books  that 
title  to  the  surface  of  the  land  carries  with  it,  unless  otherwise 
expressed,  ownership  of  all  beneath  it  to  the  center  of  the  earth 
and  of  all  above  to  the  sky,  this  ownership  is  subject  to  more  or 
less  important  qualifications.  The  elements  and  the  wild 
things  over  which  man  has  no  actual  mastery  do  not  become 
1  Taylor,  Int.  Law,  293.  Bynkershoek  De  Dom.  Mar.  c.  2. 


174  INTERNATIONAL  RELATIONS 

his  property  by  coming  on  his  land.  Private  ownership  is  also 
subject  to  the  demands  of  public  necessity.  When  needed  for 
public  use  the  state  may  exercise  its  powers  of  eminent  domain 
and  force  the  owner  to  give  the  land  for  its  value  in  money. 
Common  needs  outweigh  private  interest.  Thus  far  the  com- 
munity of  nations  has  failed  to  evolve  any  law  of  eminent 
domain  through  which  a  nation  may  be  required  to  give  up  its 
title  to  anything  needed  by  all  for  their  common  use.  Yet 
there  are  many  places  over  which  one  nation  now  exer- 
cises exclusive  sovereignty,  to  which  the  others  need  equal 
access  and  right.  Primitive  man  lives  only  where  he  can  ob- 
tain all  things  needed  to  sustain  life.  The  indivdual  or  the 
family  or  small  group  supplies  its  wants  from  the  immediate 
surroundings,  but  in  the  densely  peopled  and  wrell  developed 
states  each  person  is  dependent  on  the  activities  of  great  num- 
bers of  persons  near  and  far  for  his  food  and  clothing.  Whole 
nations  have  become  dependent  on  other  nations  for  food,  for 
clothing,  for  fuel  and  for  materials  for  their  industries.  The 
whole  world  may  be  dependent  on  the  mines  of  one  country 
for  a  particular  mineral,  on  the  fields  of  another  for  a  par- 
ticular product,  or  on  the  forests  of  another  for  a  gum,  a  nut 
or  a  wood.  The  countries  having  a  monopoly  of  such  products 
may  be  dependent  on  the  markets  of  the  whole  world  in  which 
to  dispose  of  their  peculiar  products  and  obtain  their  supplies. 
The  whole  world  looks  to  a  few  countries  for  its  supplies  of 
coffee,  tea,  cotton,  rubber,  sugar,  hemp,  spices  and  drugs. 
These  to  reach  some  of  the  markets  must  be  transported  both 
by  land  and  by  sea.  Nowhere  is  civilized  man  willing  to  be 
restricted  to  the  use  of  the  products  of  his  own  country,  and 
much  less  to  the  products  of  the  immediate  locality  in  which 
he  lives.  The  discovery  of  America  and  of  the  ocean  routes 
to  Asia  put  an  end  to  the  isolation  of  nations  from  each  other 
which  had  existed  from  the  beginning  of  time,  so  far  as  we 
know,  and  introduced  all  the  distant  peoples  to  each  other.  It 
is  now  perceived  that  the  welfare  of  the  people  of  each  nation 
is  dependent  in  some  degree  on  intercourse  with  those  of  dis- 
tant lands,  and  that  the  great  laws  of  commerce,  of  justice  and 
mutual  help  must  be  extended  throughout  the  world  for  the 


COMMON  PROPERTY  OF  ALL  NATIONS  175 

benefit  of  all.  Inventive  genius  and  scientific  research  have 
revealed  possessions  and  resources,  instrumentalities  and, 
forces  before  unknown,  by  means  of  which  the  welfare  of  all 
may  be  promoted.  Some  of  these  are  by  nature  incapable  of 
monopoly  or  exclusive  appropriation  and  therefore  the  general 
property  of  all  nations  as  tenants  in  common.  So  far  as  now 
known  the  most  important  of  these  are: 

1.  The  Sea,  with  all  that  it  contains  and  that  lies  beneath  it, 
almost  three  fourths  of  the  whole  surface  of  the  earth. 

2.  The  Air,  which  blows  over  land  and  sea  from  nation  to 
nation,  on  the  purity  of  which  all  creatures  depend  for  life. 

3.  The  unseen  natural  forces  which  bind  together  the  most 
remote  parts  of  the  earth  and  may  be  used  for  the  transmis- 
sion of  intelligence  or  converted  into  light,  heat  or  power. 

4.  The  inspirations,  revelations  and  ideals  that  have  been 
vouchsafed  to  favored  ones  for  the  uplift  of  the  whole  race 
of  man. 

THE  SEA 

The  ancients  made  no  claim  to  dominion  over  the  ocean.  To 
them  it  was  a  limitless  expanse  of  unknown  terrors  and  offered 
no  temptation  for  conquest.  In  modern  times  ambitious  na- 
tions seek  mastery  of  the  sea,  but  the  accepted  doctrine  of  in- 
ternational law  has  been  and  is  that  all  nations  have  equal 
rights  away  from  the  coast  and  interior  waters,  and  may  freely 
sail  wherever  they  will  on  the  open  seas.  This  general  doctrine 
by  no  means  disposes  of  all  the  questions  relating  to  the  uses  of 
the  sea.  The  more  important  of  these  relate  to : 

1 .  Navigation. 

2.  Fisheries. 

3.  Telegraphs  :    cable  and  wireless. 

4.  The  bed  of  the  sea  and  ocean  products  other  than  fish. 

5.  Sanitation. 

Manifestly  the  use  of  common  property  must  be  regulated 
by  the  owners  of  it.  If  these  include  all  the  nations  of  the 
earth,  then  it  requires  the  action  of  all  the  nations  to  prescribe 
the  rules  which  are  to  govern  its  use.  Recent  occurrences  have 
disclosed  the  painful  inefficiency  of  international  law,  and 
even  of  treaties  and  conventions  relating  to  it.  The  necessity 


176  INTERNATIONAL  RELATIONS 

for  intelligent  legislation  by  a  body  representing  all  the  nations 
and  authorized  to  make  binding  laws  and  enforce  them  against 
dissenting  minorities  is  apparent.  But  the  greatest  need  is  not 
of  mere  rules  regulating  the  conduct  of  those  who  use  the  seas. 
There  are  many  enterprises  needing  the  combined  support  of 
all  the  nations  which  require  organization  and  direction  by 
representatives  of  all. 

NAVIGATION 

At  present  the  most  important  use  made  of  the  ocean  is  as 
a  highway  for  the  navigators,  their  ships  and  cargoes.  Each 
ship  must  have  its  national  character  obtained  in  accordance 
with  the  laws  of  the  country  of  its  owners,  and  must  display 
the  flag  of  its  country.  This  character  is  established  by  regis- 
try in  accordance  with  the  laws  of  the  country  granting  the 
registration,  and  a  certificate  in  due  form  by  the  registration 
officer.  To  obtain  registration  as  a  vessel  of  the  United  States, 
proof  must  be  made  that  the  owner  is  a  citizen  of  the  United 
States,  or  if  owned  by  a  corporation  that  the  president  and 
managing  directors  are  such  citizens,  that  the  corporation  is 
organized  under  the  laws  of  the  United  States  or  a  state  there- 
of, and  that  the  master  and  officials  of  the  vessel  are  also  citi- 
zens of  the  United  States.2  The  provisions  of  the  statute  gov- 
erning registration,  transfer  on  sale,  measurement,  change  of 
master  or  of  name  of  the  vessel  and  to  meet  exceptional  cases 
with  reference  to  the  citizenship  of  owners  or  officers  are  very 
full.3  The  registry  is  made  by  the  collector  of  the  district  of 
which  the  owner  is  a  resident,  who  may  issue  a  sea-letter  certi- 
fying to  the  ownership  of  the  vessel.  Each  nation  determines 
for  itself  the  conditions  under  which  it  will  allow  a  ship  to  use 
its  flag  and  be  accorded  the  protection  of  its  government.  The 
nationality  of  a  ship  is  a  matter  of  great  importance,  for  it 
abides  with  the  ship  wherever  it  sails,  and  carries  with  it  the 
laws  of  its  country  so  far  as  all  on  board  are  concerned. 

Having  been  duly  registered,  before  it  can  depart  for  a 
foreign  port,  a  ship  must  obtain  from  the  collector  of  the  port 

2  Compiled  Statutes  of  U.  S.  (1918)  Title  XLVIII.    §§7709,  7720,  7722. 
8  Compiled  Statutes  of  the  United  States,  §§  7707  to  7788. 


COMMON  PROPERTY  OF  ALL  NATIONS  177 

a  clearance.  To  procure  a  clearance  the  master  of  the  vessel 
must  deliver  to  the  collecter  a  manifest  of  all  the  cargo  on 
board  the  same  and  the  value  thereof  and  the  foreign  port  or 
country  in  which  the  cargo  is  intended  to  be  landed.  On  pay- 
ment of  all  legal  fees  a  clearance  is  granted  and  the  ship  may 
proceed  on  its  voyage.  Though  the  ocean  over  which  it  sails 
has  no  nationality  and  is  without  government  or  law  other 
than  such  principles  as  all  the  nations  recognize,  the  ship  and 
all  on  board  it  retain  their  national  character  and  laws,  not 
only  while  on  the  open  sea  but  also  in  foreign  ports.4  The 
courts  of  the  home  port  have  jurisdiction  of  all  controversies 
and  questions  arising  on  board  the  ship  during  its  voyage.5 
Though  endowed  with  full  national  character  by  a  nation  at 
peace  with  all  other  nations,  the  ship  is  not  necessarily  secure 
from  interference  on  its  voyage  while  on  the  open  sea.  If 
other  nations  are  at  war,  their  rights  as  belligerents  may  li- 
cense them  to  search  and  seize  such  goods  as  are  contrabrand 
of  war  destined  to  the  enemy  country.  The  ship  may  not 
violate  a  lawful  blockade  of  an  enemy  port  by  a  belligerent, 
on  pain  of  capture  and  confiscation.  Notwithstanding  all  re- 
cent efforts  to  guard  the  rights  of  neutrals  in  time  of  war, 
the  rights  of  belligerents  are  still  regarded  as  superior  to  those 
of  peaceful  neutrals  conducting  their  lawful  business.  Neutral 
rights  are  forced  to  yield  to  the  exigencies  of  war  and  the  ex- 
pediencies of  naval  commanders.  The  great  war  has  demon- 
strated the  inefficiency  both  of  international  law  and  treaties 
and  conventions  as  protection  to  neutral  shipping  in  time  of 
war.  The  merchant  ships  of  belligerents  are  of  course  at  all 
times  exposed  to  capture  or  destruction  by  the  enemy. 

The  need  of  definite,  clear  and  positive  rules,  strictly  en- 
forced, is  not  confined  to  times  of  war  or  limitation  of  the 
acts  of  belligerents.  Vessels  of  different  nationality  meet  in 
the  ocean  routes  and  lanes  of  travel  in  all  kinds  of  weather  and 
under  a  great  variety  of  conditions  affecting  their  safety. 
Uniformity  of  rules  governing  their  conduct  and  methods  of 

4  Taylor,  Int.  Law  307,  308. 

5  Taylor,  Int.  Law,  308. 


178  INTERNATIONAL  RELATIONS 

communicating  with  each  other  is  manifestly  essential  to  their 
safety.  To  obtain  this  there  must  be  either  general  agreement 
of  all  the  nations,  or  a  representative  body  having  power  to 
make  rules  binding  on  all.  It  may  not  be  of  prime  importance 
that  the  rules  are  the  best  that  could  be  devised,  but  it  is  clearly 
necessary  that  there  shall  be  uniform  rules  known  and  observed 
by  all.  To  meet  this  need  international  marine  conferences 
have  been  held  from  time  to  time.  One  held  at  Washington  in 
1899  was  participated  in  by  the  following  nations:  Austria- 
Hungary,  Belgium,  Brazil,  Chile,  China,  Costa  Rica,  Denmark, 
France,  Germany,  Great  Britain,  Guatemala,  Honduras,  Italy, 
Japan,  Mexico,  The  Netherlands,  Nicaragua,  Norway,  Portu- 
gal, Russia,  Siam,  Spain,  Sweden,  Turkey,  Uruguay,  Vene- 
zuela and  the  United  States.  The  work  of  the  conference  re- 
sulted in  the  formulation  of  rules  to  be  observed  by  navigators, 
most  of  which  have  been  enacted  into  statutory  law  by  the  Con- 
gress of  the  United  States,  and  are  as  follows : 

INTERNATIONAL  RULES  FOR  PREVENTING  COLLISIONS 

AT   SEA 

The  following  regulations  for  preventing  collisions  at  sea  shall  be  fol- 
lowed by  all  public  and  private  vessels  of  the  United  States  upon  the  high 
seas  and  in  all  waters  connected  therewith,  navigable  by  sea-going  vessels. 

PRELIMINARY 

In  the  following  rules  every  steam-vessel  which  is  under  sail  and  not 
under  steam  is  to  be  considered  a  sailing-vessel,  and  every  vessel  under 
steam,  whether  under  sail  or  not,  is  to  be  considered  a  steam  vessel. 

The  words  "steam  vessel"  shall  include  any  vessel  propelled  by  ma- 
chinery. 

A  vessel  is  under  way  "within  the  meaning  of  these  rules  when  she  is  not 
at  anchor,  or  made  fast  to  the  shore  or  aground. 

RULES  CONCERNING  LIGHTS,  AND  so  FORTH 

The  word  "visible"  in  these  rules  when  applied  to  lights  shall  mean 
visible  on  a  dark  night  with  a  clear  atmosphere. 

Art.  i.     The  rules  concerning  lights  shall  be  complied  with  in  all  weath- 
ers from  sunset  to  sunrise,  and  during  such  time  no  other  lights  which  may 
be  mistaken  for  the  prescribed  lights  shall  be  exhibited. 
Art.  2.     A  steam-vessel  when  under  way  shall  carry — 
(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  without  a  foremast, 
then  in  the  fore  part  of  the  vessel,  at  a  height  above  the  hull  of  not  less 


COMMON  PROPERTY  OF  ALL  NATIONS  179 

than  twenty  feet,  or  if  the  breadth  of  the  vessel  exceeds  twenty  feet,  then 
at  a  height  above  the  hull  not  less  than  such  breadth,  so,  however,  that 
the  light  need  not  be  carried  at  a  greater  height  above  the  hull  than  forty 
feet,  a  bright  white  light,  so  constructed  as  to  show  an  unbroken  light  over 
an  arc  of  the  horizon  of  twenty  points  of  the  compass,  so  fixed  as  to  throw 
the  light  ten  points  on  each  side  of  the  vessel,  namely,  from  right  ahead  to 
two  points  abaft  the  beam  on  either  side,  and  of  such  character  as  to  be 
visible  at  a  distance  of  at  least  five  miles. 

(b)  On  the  starboard  side  a  green  light  so  constructed  as  to   show  an 
unbroken  light  over  an  arc  of  the  horizon  of  ten  points  of  the  compass, 
so  fixed  as  to  throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  starboard  side,  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  two  miles. 

(c)  On  the  port  side  a  red  light  so  constructed  as  to  show  an  unbroken 
light  over  an  arc  of  the  horizon  of  ten  points  of  the  compass,  so  fixed  as 
to  throw  the  light  from  right  ahead  to  two  points  abaft  the  beam  on  the 
port  side,  and  of  such  a  character  as  to  be  visible  at  a  distance  of  at  least 
two  miles. 

(d)  The  said  green  and  red  side-lights  shall  be  fitted  with  inboard  screens 
projecting  at  least  three  feet  forward  from  the  light,  so  as  to  prevent 
these  lights  from  being  seen  across  the  bow. 

(e)  A  steam-vessel  when  under  way  may  carry  an  additional  white  light 
similar  in  construction  to  the  light  mentioned  in  subdivision  (a).     These 
two  lights  shall  be  so  placed  in  line  with  the  keel  that  one  shall  be  at 
least   fifteen    feet   higher   than   the    other,   and   in    such    a   position   with 
reference   to   each  other  that   the   lower  light   shall   be    forward   of   the 
upper  one.     The  vertical  distance  between  these  lights  shall  be  less  than 
the  horizontal  distance. 

Art.  3.  A  steam-vessel  when  towing  another  vessel  shall,  in  addition  to 
her  side-lights,  carry  two  bright  white  lights  in  a  vertical  line  one  over 
the  other,  not  less  than  six  feet  apart,  and  when  towing  more  than  one 
vessel  shall  carry  an  additional  bright  white  light  six  feet  above  or  below 
such  light,  if  the  length  of  the  tow  measuring  from  the  stern  of  the  tow- 
ing vessel  to  the  stern  of  the  last  vessel  towed  exceeds  six  hundred  feet. 
Each  of  these  lights  shall  be  of  the  same  construction  and  character,  and 
shall  be  carried  in  the  same  position  as  the  white  light  mentioned  in  article 
two  (a),  excepting  the  additional  light,  which  may  be  carried  at  a  height 
of  not  less  than  fourteen  feet  above  the  hull. 

Such  steam-vessel  may  carry  a  small  white  light  abaft  the  funnel  or 
aftermast  for  the  vessel  towed  to  steer  by,  but  such  light  shall  not  be 
visible  forward  of  the  beam. 

Art.  4.  (a)  A  vessel  which  from  any  accident  is  not  under  command 
shall  carry  at  the  same  height  as  a  white  light  mentioned  in  article  two  (a), 
where  they  can  best  be  seen,  and  if  a  steam-vessel  in  lieu  of  that  light,  two 
red  lights,  in  a  vertical  line  one  over  the  other,  not  less  than  six  feet 


i8o  INTERNATIONAL  RELATIONS 

apart,  and  of  such  a  character  as  to  be  visible  all  around  the  horizon 
at  a  distance  of  at  least  two  miles;  and  shall  by  day  carry  in  a  vertical 
line  one  over  the  other,  not  less  than  six  feet  apart,  where  they  can  best 
be  seen,  two  black  balls  or  shapes,  each  two  feet  in  diameter. 

(b)  A  vessel  employed  in  laying  or  in  picking  up  a  telegraph  cable  shall 
carry  in  the  same  position  as  the  white  light  mentioned  in  article  two  (a) 
and  if  a  steam-vessel  in  lieu  of  that  light,  three  lights  in  a  vertical  line  one 
over  the  other,  not  less  than  six  feet  apart.    The  highest  and  lowest  of 
these  lights  shall  be  red,  and  the  middle  light  shall  be  white,  and  they 
shall  be  of  such  a  character  as  to  be  visible  all  around  the  horizon,  at  a 
distance  of  at  least  two  miles.    By  day  she  shall  carry  in  a  vertical  line, 
one  over  the  other,  not  less  than  six  feet  apart,  where  they  can  best  be 
seen,   three   shapes   not   less   than   two   feet   in  diameter,   of   which   the 
highest  and  lowest  shall  be  globular  in  shape  and  red  in  color,  and  the 
middle  one  diamond  in  shape  and  white. 

(c)  The   vessels    referred   to   in   this   article,   when   not   making  way 
through  the  water,  shall  not  carry  the  side  lights,  but  when  making  way 
shall  carry  them. 

(d)  The  lights  and  shapes  required  to  be  shown  by  this  article  are  to 
be  taken  by  other  vessels  as  signals  that  the  vessel  showing  them  is  not 
under  command  and  cannot  therefore  get  out  of  the  way. 

These  signals  are  not  signals  of  vessels  in  distress  and  requiring 
assistance.  Such  signals  are  contained  in  article  thirty-one. 

Art.  5.  A  sailing  vessel  under  way  and  any  vessel  being  towed  shall 
carry  the  same  lights  as  are  prescribed  by  article  two  for  a  steam-vessel 
under  way,  with  the  exception  of  the  white  lights  mentioned  therein,  which 
they  shall  never  carry. 

Art.  6.  Whenever,  as  in  the  case  of  small  vessels  under  way  during  bad 
weather,  the  green  and  red  lights  cannot  be  fixed,  these  lights  shall  be 
kept  at  hand,  lighted  and  ready  for  use:  and  shall,  on  the  approach  of 
or  to  other  vessels,  be  exhibited  on  their  respective  sides  in  sufficient  time 
to  prevent  collision,  in  such  manner  as  to  make  them  most  visible,  and  so 
that  the  green  light  shall  not  be  seen  on  the  port  side  nor  the  red  light 
on  the  starboard  side,  not,  if  practicable,  more  than  two  points  abaft  the 
beam  on  their  respective  sides.  To  make  the  use  of  these  portable  lights 
more  certain  and  easy  the  lanterns  containing  them  shall  each  be  painted 
outside  with  the  color  of  the  light  they  respectively  contain,  and  shall  be 
provided  with  proper  screens. 

Art.  7.  Steam-vessels  of  less  than  forty,  and  vessels  under  oars  or  sails 
of  less  than  twenty  tons  gross  tonnage,  respectively,  and  rowing  boats, 
when  under  way,  shall  not  be  required  to  carry  the  lights  mentioned  in 
article  two  (a),  (b),  and  (c),  but  if  they  do  not  carry  them  they  shall  be 
provided  with  the  following  lights : 

First,  Steam-vessels  of  less  than  forty  tons  shall  carry — 

(a)  In  the  fore  part  of  the  vessel,  or  on  or  in  front  of  the  funnel, 


COMMON  PROPERTY  OF  ALL  NATIONS  181 

where  it  can  best  be  seen,  and  at  a  height  above  the  gunwale  of  not  less 
than  nine  feet,  a  bright  white  light  constructed  and  fixed  as  prescribed 
in  article  two  (a)  and  of  such  a  character  as  to  be  visible  at  a  distance 
of  at  least  two  miles. 

(b)  Green  and  red  side-lights  constructed  and  fixed  as  prescribed  in 
article  two  (b)  and  (c),  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  one  mile,  or  a  combined  lantern  showing  a  green  light 
and  a  red  light  from  right  ahead  to  two  points  abaft  the  beam  of  their 
respective  sides.  Such  lanterns  shall  be  carried  not  less  than  three  feet 
below  the  white  light. 

Second,  Small  steamboats,  such  as  are  carried  by  seagoing  vessels,  may 
carry  the  white  light  at  a  less  height  than  nine  feet  above  the  gunwale, 
but  it  shall  be  carried  above  the  combined  lantern  mentioned  in  subdivision 
one  (b). 

Third,  Vessels  under  oars  or  sails  of  less  than  twenty  tons  shall  have 
ready  at  hand  a  lantern  with  a  green  glass  on  one  side  and  a  red  glass  on 
the  other,  which,  on  the  approach  of  or  to  other  vessels,  shall  be  exhibited 
in  sufficient  time  to  prevent  collision,  so  that  the  green  light  shall  not  be 
seen  on  the  port  side  nor  the  red  light  on  the  starboard  side. 

Fourth,  Rowing  boats,  whether  under  oars  or  sail,  shall  have  ready 
at  hand  a  lantern  showing  a  white  light  which  shall  be  temporarily  ex- 
hibited in  sufficient  time  to  prevent  collision. 

The  vessels  referred  to  in  this  article  shall  not  be  obliged  to  carry  the 
lights  prescribed  by  article  four  (a)  and  article  eleven,  last  paragraph. 

Art  8.  Pilot  vessels  when  engaged  in  their  station  on  pilotage  duty, 
shall  not  show  the  lights  required  for  other  vessels  but  shall  carry  a  white 
light  at  the  masthead,  visible  all  around  the  horizon,  and  shall  also  ex- 
hibit a  flare-up  light  or  flare-up  lights  at  short  intervals,  which  shall  never 
exceed  fifteen  minutes. 

On  the  near  approach  of  or  to  other  vessels  they  shall  have  their  side 
lights  lighted,  ready  for  use,  and  shall  flash  or  show  them  at  short  inter- 
vals, to  indicate  the  direction  in  which  they  are  heading,  but  the  green  light 
shall  not  be  shown  on  the  port  side,  nor  the  red  light  on  the  starboard  side. 

A  pilot-vessel  of  such  a  class  as  to  be  obliged  to  go  alongside  of  a  ves- 
sel to  put  a  pilot  on  board  may  show  the  white  light  instead  of  carrying 
it  at  the  masthead,  and  may,  instead  of  the  colored  lights  above  mentioned, 
have  at  hand,  ready  for  use,  a  lantern  with  a  green  glass  on  the  one  side 
and  a  red  glass  on  the  other,  to  be  used  as  prescribed  above. 

Pilot-vessels  when  not  engaged  on  their  station  on  pilotage  duty  shall 
carry  lights  similar  to  those  of  other  vessels  of  their  tonnage. 

A  steam  pilot-vessel,  when  not  engaged  on  her  station  on  pilotage  duty 
and  in  waters  of  the  United  States,  and  not  at  anchor,  shall,  in  addition 
to  the  lights  required  for  all  pilot  boats,  carry  at  a  distance  of  eight  feet 
below  her  white  masthead  light  a  red  light,  visible  all  around  the  horizon 
and  of  such  a  character  as  to  be  visible  on  a  dark  night  with  a  clear  atmos- 


182  INTERNATIONAL  RELATIONS 

phere  at  a  distance  of  at  least  two  miles,  and  also  the  colored  side  lights 
required  to  be  carried  by  vessels  when  under  way. 

When  engaged  on  her  station  on  pilotage  duty  and  in  waters  of  the 
United  States,  and  at  anchor,  she  shall  carry  in  addition  to  the  lights 
required  for  all  pilot  boats  the  red  light  above  mentioned,  but  not  the 
colored  side  lights. 

When  not  engaged  on  her  station  on  pilotage  duty,  she  shall  carry  the 
same  lights  as  other  steam  vessels. 

Art.  9.  Fishing  vessels  and  fishing  boats,  when  under  way  and  when  not 
required  by  this  article  to  carry  or  show  the  lights  hereinafter  specified, 
shall  carry  or  show  the  lights  prescribed  for  vessels  of  their  tonnage  under 
way. 

(a)  Open  boats,  by  which  is  to  be  understood  boats  not  protected  from 
the  entry  of  sea  water  by  means  of  a  continuous  deck,  when  engaged  in 
any  fishing  at  night,  with  outlying  tackle  extending  not  more  than  one 
hundred  and  fifty  feet  horizontally  from  the  boat  into  the  seaway,  shall 
carry  one  all-round  white  light. 

Open  boats,  when  fishing  at  night,  with  outlying  tackle  extending  more 
than  one  hundred  and  fifty  feet  horizontally  from  the  boat  into  the  sea- 
way, shall  carry  one  all-round  white  light,  and  in  addition,  on  approaching 
or  being  approached  by  other  vessels,  shall  show  a  second  white  light  at 
least  three  feet  below  the  first  light  and  at  a  horizontal  distance  of  at 
least  five  feet  away  from  it  in  the  direction  in  which  the  outlying  tackle 
is  attached. 

(b)  Vessels  and  boats,  except  open  boats  as  defined  in  subdivision  (a), 
when  fishing  with  drift  nets,  shall,  so  long  as  the  nets  are  wholly  or  partly 
in  the  water,  carry  two  white  lights  where  they  can  best  be  seen.     Such 
lights  shall  be  placed  so  that  the  vertical  distance  between  them  shall  be 
not  less  than  six  feet  and  not  more  than  fifteen  feet,  and   so  that  the 
horizontal  distance  between  them,  measured  in  a  line  with  the  keel,  shall 
be  not  less  than  five  feet  and  not  more  than  ten  feet.    The  lower  of  these 
two  lights  shall  be  in  the  direction  of  the  nets,  and  both  of  them  shall  be 
of  such  a  character  as  to  show  all  around  the  horizon,  and  to  be  visible 
at  a  distance  of  not  less  than  three  miles. 

Within  the  Mediterranean  Sea  and  in  the  seas  bordering  the  coasts  of 
Japan  and  Korea  sailing  fishing  vessels  of  less  than  twenty  tons  gross  ton- 
nage shall  not  be  obliged  to  carry  the  lower  of  these  two  lights.  Should 
they,  however  not  carry  it,  they  shall  show  in  the  same  position  (in  the 
direction  of  the  net  or  gear)  a  white  light,  visible  at  a  distance  of  not  less 
than  one  sea  mile,  on  the  approach  of  or  to  other  vessels. 

(c)  Vessels  and  boats,  except  open  boats  as  defined  in  subdivision   (a), 
when  line  fishing  with  lines  out  and  attached  to  or  hauling  their  lines, 
and  when  not  at  anchor  or  stationary  within  the  meaning  of  subdivision 
(h),  shall  carry  the  same  lights  as  vessels  fishing  with  drift  nets.     When 
shooting  lines,  or  fishing  with  towing  lines,  they  shall  carry  the  lights 
prescribed  for  steam  or  sailing  vessel  under  way,  respectively. 


COMMON  PROPERTY  OF  ALL  NATIONS  183 

Within  the  Mediterranean  Sea  and  in  the  seas  bordering  the  coasts  of 
Japan  and  Korea  sailing  fishing  vessels  of  less  than  twenty  tons  gross  ton- 
nage shall  not  be  obliged  to  carry  the  lower  of  these  two  lights.  Should 
they,  however,  not  carry  it,  they  shall  show  in  the  same  position  (in  the 
direction  of  the  lines)  a  white  light,  visible  at  a  distance  of  not  less  than 
one  sea  mile  on  the  approach  of  or  to  other  vessels. 

(d)  Vessels  when  engaged  in  trawling,  by  which  is  meant  the  dragging 
of  an  apparatus  along  the  bottom  of  the  sea — 

First,  If  steam  vessels,  shall  carry  in  the  same  position  as  the  white 
light  mentioned  in  article  two  (a)  a  tri-colored  lantern  so  constructed  and 
fixed  as  to  show  a  white  light  from  right  ahead  to  two  points  on  each 
bow,  and  a  green  light  and  a  red  light  over  an  arc  of  the  horizon  from 
two  points  on  each  bow  to  two  points  abaft  the  beam  on  the  starboard  and 
port  sides  respectively ;  and  not  less  than  six  or  more  than  twelve  feet 
below  the  tri-colored  lantern  a  white  light  in  a  lantern,  so  constructed  as 
to  show  a  clear,  uniform,  and  unbroken  light  all  around  the  horizon. 

Second,  If  sailing  vessels,  shall  carry  a  white  light  in  the  lantern,  so 
constructed  as  to  show  a  clear,  uniform  and  unbroken  light  all  around 
the  horizon,  and  shall  also,  on  the  approach  of  or  to  other  vessels,  show 
where  it  can  best  be  seen  a  white  flare-up  light  or  torch  in  sufficient  time 
to  prevent  collision. 

All  lights  mentioned  in  subdivision  (d)  first  and  second  shall  be  visible 
at  a  distance  of  at  least  two  miles. 

(e)  Oyster  dredges  and  other  vessels  fishing  with  dredge  nets   shall 
carry  and  show  the  same  lights  as  trawlers. 

(f)  Fishing  vessels  and  fishing  boats  may  at  any  time  use  a  flare-up 
light  in  addition  to  the  lights  which  they  are  by  this  article  required  to 
carry  and  show,  and  they  may  also  use  working  lights. 

(g)  Every  fishing  vessel  and  every  fishing  boat  under  one  hundred  and 
fifty  feet  in  length  or  upward,  when  at  anchor,  shall  exhibit  a  white  light 
visible  all  around  the  horizon  at  a  distance  of  at  least  one  mile,  and  shall 
exhibit  a  second  light  as  provided  for  vessels  of  such  length  by  article 
eleven. 

Should  any  such  vessel,  whether  under  one  hundred  and  fifty  feet  in 
length  or  of  one  hundred  and  fifty  feet  in  length  or  upward,  be  attached 
to  a  net  or  other  fishing  gear,  she  shall  on  the  approach  of  other  vessels 
show  an  additional  white  light  at  least  three  feet  below  the  anchor  light, 
and  at  a  horizontal  distance  of  at  least  five  feet  away  from  it  in  the  direc- 
tion of  the  net  or  gear. 

(h)  If  a  vessel  or  boat  when  fishing  becomes  stationary  in  consequence 
of  her  gear  getting  fast  to  a  rock  or  other  obstruction,  she  shall  in  day 
time  haul  down  the  day  signal  required  by  subdivision  (k)  ;  at  night  show 
the  light  or  lights  prescribed  for  a  vessel  at  anchor ;  and  during  fog, 
mist,  falling  snow,  or  heavy  rain  storms  make  the  signals  prescribed  for 
a  vessel  at  anchor.  (See  subdivision  (d)  and  the  last  paragraph  of  article 
fifteen). 


i&4  INTERNATIONAL  RELATIONS 

(i)  In  fog,  mist,  falling  snow,  or  heavy  rain  storms,  drift-net  vessels 
attached  to  their  nets,  and  vessels  when  trawling,  dredging,  or  fishing 
with  any  kind  of  drag  net,  and  vessels  line  fishing  with  their  lines  out, 
shall,  if  of  twenty  tons  gross  tonnage  or  upward,  respectively,  at  intervals 
of  not  more  than  one  minute,  make  a  blast;  if  steam  vessels,  with  the 
whistle  or  siren,  and  if  sailing  vessels,  with  the  fog-horn,  each  blast  to  be 
followed  by  ringing  the  bell.  Fishing  vessels  and  boats  of  less  than  twenty 
tons  gross  tonnage  shall  not  be  obliged  to  give  the  above-mentioned  sig- 
nals: but  if  they  do  not,  they  shall  make  some  other  efficient  sound  signal 
at  intervals  of  not  more  than  one  minute. 

(k)  All  vessels  or  boats  fishing  with  nets  or  lines  or  trawls,  when  under 
way,  shall  in  daytime  indicate  their  occupation  to  an  approaching  vessel 
by  displaying  a  basket  or  other  efficient  signal  where  it  can  best  be  seen. 
If  vessels  or  boats  at  anchor  have  their  gear  out,  they  shall  on  the  ap- 
proach of  other  vessels,  show  the  same  signal  on  the  side  on  which 
those  vessels  can  pass. 

The  vessels  required  by  this  article  to  carry  or  show  the  lights  herein- 
before specified  shall  not  be  obliged  to  carry  the  lights  prescribed  by  article 
four  (a)  and  the  last  paragraph  of  article  eleven. 

Art.  10.  A  vessel  which  is  being  overtaken  by  another  shall  show  from 
her  stern  to  such  last  mentioned  vessel  a  white  light  or  a  flare-up  light. 

The  white  light  required  to  be  shown  by  this  article  may  be  fixed  and 
carried  on  a  lantern,  but  in  such  case  the  lantern  shall  be  so  constructed, 
fitted,  and  screened  that  it  shall  throw  an  unbroken  light  over  an  arc  of 
the  horizon  of  twelve  points  of  the  compass,  namely,  for  six  points  from 
right  aft  on  each  side  of  the  vessel,  so  as  to  be  visible  at  a  distance  of 
at  least  one  mile.  Such  light  shall  be  carried  as  nearly  as  practicable  on 
the  same  level  as  the  side  lights. 

Art.  II.  A  vessel  under  one  hundred  and  fifty  feet  in  length,  when  at 
anchor,  shall  carry  forward,  where  it  can  best  be  seen,  but  at  a  height 
not  exceeding  twenty  feet  above  the  hull,  a  white  light  in  a  lantern  so 
constructed  as  to  show  a  clear,  uniform,  and  unbroken  light  visible  all 
around  the  horizon  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upwards  in  length,  when  at 
anchor,  shall  carry  in  the  forward  part  of  the  vessel,  at  a  height  of  not 
less  than  twenty  and  not  exceeding  forty  feet  above  the  hull,  one  such 
light  and  at  or  near  the  stern  of  the  vessel,  and  at  such  a  height  that  it 
shall  be  not  less  than  fifteen  feet  lower  than  the  forward  light,  another 
such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length  appearing  in 
her  certificate  of  registry. 

A  vessel  aground  in  or  near  a  fair-way  shall  carry  the  above  light  or 
lights  and  the  two  red  lights  prescribed  by  article  four  (a). 

Art.  12.  Every  vessel  may,  if  necessary  in  order  to  attract  attention,  in 
addition  to  the  lights  which  she  is  by  these  rules  required  to  carry,  show 


COMMON  PROPERTY  OF  ALL  NATIONS  185 

a  flare-up  light  or  use  any  detonating  signal  that  cannot  be  mistaken  for  a 
distress  signal. 

Art.  13.  Nothing  in  these  rules  shall  interfere  with  the  operation  of  any 
special  rules  made  by  the  Government  of  any  nation  with  respect  to  addi- 
tional station  and  signal-lights  for  two  or  more  ships  of  war  or  for  vessels 
sailing  under  convoy,  or  with  the  exhibition  of  recognition  signals  adopted 
by  ship-owners,  which  have  been  authorized  by  their  respective  Govern- 
ments and  duly  registered  and  published. 

Art.  14.  A  steam-vessel  proceeding  under  sail  only  but  having  her  fun- 
nel up,  shall  carry  in  day-time,  forward,  where  it  can  best  be  seen,  one 
black  ball  or  shape  two  feet  in  diameter. 

SOUND  SIGNALS  FOR -Foe,  AND  so  FORTH 

Art.  15.  All  signals  prescribed  by  this  article  for  vessels  under  way  shall 
be  given : 

First,  By  "steam  vessels"  on  the  whistle  or  siren. 

Second,  By  "sailing  vessels"  and  "vessels  towed"  on  the  fog-horn. 

The  words  "prolonged  blast"  used  in  this  article  shall  mean  a  blast 
of  from  four  to  six  seconds  duration. 

A  steam  vessel  shall  be  provided  with  an  efficient  whistle  or  siren, 
sounded  by  steam  or  some  substitute  for  steam,  so  placed  that  the  sound 
shall  not  be  intercepted  by  any  obstruction,  and  with  an  efficient  fog- 
horn to  be  sounded  by  mechanical  means,  and  also  with  an  efficient  bell. 
(In  all  cases  where  the  rules  require  a  bell  to  be  used  a  drum  may  be 
substituted  on  Turkish  vessels,  or  a  gong  where  such  articles  are  used  on 
board  small  seagoing  vessels.) 

A  sailing  vessel  of  twenty  tons  gross  tonnage  or  upward  shall  be  pro- 
vided with  a  similar  fog-horn  and  bell. 

In  fog,  mist,  falling  snow,  or  heavy  rainstorms,  whether  by  day  or  night, 
the  signals  described  in  this  article  shall  be  used  as  follows,  namely: 

(a)  A  steam  vessel  having  way  upon  her  shall  sound,  at  intervals  of 
not  more  than  two  minutes,  a  prolonged  blast. 

(b)  A  steam  vessel  under  way,  but  stopped,  and  having  no  way  upon 
her,  shall  sound,  at  intervals  of  not  more  than  two  minutes,  two  prolonged 
blasts,  with  an  interval  of  about  one  second  between. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  intervals  of  not  more 
than  one  minute,  when  on  the  starboard  tack,  one  blast;  when  on  the 
port  tack,  two  blasts  in  succession,  and  when  with  the  wind  abaft  the 
beam,  three  blasts  in  succession. 

(d)  A  vessel  when  at  anchor  shall,  at  intervals  of  not  more  than  one 
minute,  ring  the  bell  rapidly  for  about  five  seconds. 

(e)  A  vessel  when  towing,  a  vessel  employed  in  laying  or  in  picking  up 
a  telegraph  cable,  and  a  vessel  under  way,  which  is  unable  to  get  out  of 
the  way  of  an  approaching  vessel  through  being  not  under  command,  or 
unable  to  manaeuver  as  required  by  the  rules,  shall,  instead  of  the  sig- 


186  INTERNATIONAL  RELATIONS 

nals  prescribed  in  subdivisions  (a)  and  (c)  of  this  article,  at  intervals  of 
'not  more  than  two  minutes,  sound  three  blasts  in  succession,  namely: 
one  prolonged  blast  followed  by  two  short  blasts.  A  vessel  towed  may 
give  this  signal  and  she  shall  not  give  any  other. 

Sailing  vessels  and  boats  of  less  than  twenty  tons  gross  tonnage  shall 
not  be  obliged  to  give  the  above-mentioned  signals,  but,  if  they  do  not,  they 
shall  make  some  other  efficient  sound  signal  at  intervals  of  not  more  than 
one  minute. 

SPEED  OF  SHIPS  TO  BE  MODERATE  IN  FOG,  AND  so  FORTH 
Art.  16.     Every  vessel  shall  in  a  fog,  mist,  falling  snow  or  heavy  rain- 
storms, go  at  a  moderate  speed,  having  careful  regard  to  the  existing  cir- 
cumstances and  conditions. 

A  steam  vessel  hearing,  apparently  forward  of  her  beam,  the  fog 
signal  of  a  vessel,  the  position  of  which  is  not  ascertained  shall,  so  far 
as  the  circumstances  of  the  case  admit,  stop  her  engines,  and  then  nav- 
igate with  caution  until  danger  of  collision  is  over. 

STEERING  AND  SAILING  RULES 
Preliminary — Risk  of  Collision. 

Risk  of  collision  can,  when  circumstances  permit,  be  ascertained  by  care- 
fully watching  the  compass  bearing  of  an  approaching  vessel.  If  the 
bearing  does  not  appreciably  change,  such  risk  should  be  deemed  to  exist. 
Art.  17.  When  two  sailing  vessels  are  approaching  one  another,  so  as 
to  involve  risk  of  collision,  one  of  them  shall  keep  out  of  the  way  of  the 
other  as  follows,  namely : 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the  way  of  a  ves- 
sel which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall  keep  out  of 
the  way  of  a  vessel  which  is  close-hauled  on  the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  different  sides,  the 
vessel  which  has  the  wind  on  the  port  side  shall  keep  out  of  the  way  of 
the  other. 

(d)  When  both  are  running  free,  with  the  wind  on  the  same  side,  the 
vessel  which  is  to  the  windward  shall  keep  out  of  the  way  of  the  vessel 
which  is  to  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of  the  way  of  the 
other  vessel. 

Art.  18.  When  two  steam-vessels  are  meeting  end  on,  or  nearly  end  on, 
so  as  to  involve  risk  of  collision,  each  shall  alter  her  course  to  starboard, 
so  that  each  may  pass  on  the  port  side  of  the  other. 

This  article  only  applies  to  cases  where  vessels  are  meeting  end  on,  or 
nearly  end  on,  in  such  a  manner  as  to  involve  risk  of  collision,  and  does 
not  apply  to  two  vessels  which  must,  if  both  keep  on  their  respective 
courses,  pass  clear  of  each  other. 


COMMON  PROPERTY  OF  ALL  NATIONS  187 

The  only  cases  to  which  it  does  apply  are  when  each  of  the  two  vessels 
is  end  on,  or  nearly  end  on,  to  the  other ;  in  other  words,  to  cases  in 
which,  by  day,  each  vessel  sees  the  masts  of  the  other  in  a  line,  or 
nearly  in  a  line,  with  her  own;  and  by  night,  to  cases  in  which  each 
vessel  is  in  such  a  position  as  to  see  both  the  side-lights  of  the  other. 

It  does  not  apply  by  day  to  cases  in  which  a  vessel  sees  another  ahead 
crossing  her  own  course ;  or  by  night,  to  cases  where  the  red  light  of  one 
vessel  is  opposed  to  the  red  light  of  the  other,  or  where  the  green  light  of 
one  vessel  is  opposed  to  the  green  light  of  the  other,  or  where  a  red 
light  without  a  green  light,  or  a  green  light  without  a  red  light  is  seen 
ahead,  or  where  both  green  and  red  lights  are  seen  anywhere  but  ahead. 

Art.  19.  When  two  steam-vessels  are  crossing,  so  as  to  involve  risk  of 
collision,  the  vessel  which  has  the  other  on  her  own  starboard  side  shall 
keep  out  of  the  way  of  the  other. 

Art.  20.  When  a  steam  vessel  and  a  sailing  vessel  are  proceeding  in  such 
direction  as  to  involve  risk  of  collision,  the  steam-vessel  shall  keep  out  of 
the  way  of  the  sailing  vessel. 

Art.  21.  Where,  by  any  of  these  rules,  one  of  two  vessels  is  to  keep  out 
of  the  way  the  other  shall  keep  her  course  and  speed. 

NOTE. — When,  in  consequence  of  thick  weather  or  other  causes,  such 
vessel  finds  herself  so  close  that  collision  cannot  be  avoided  by  the  action 
of  the  giving-way  vessel  alone,  he  shall  also  take  such  action  as  will  best 
aid  to  avert  collision. 

Art.  22.  Every  vessel  which  is  directed  by  these  rules  to  keep  out  of  the 
way  of  another  vessel  shall,  if  the  circumstances  of  the  case  admit,  avoid 
crossing  ahead  of  the  other. 

Art.  23.  Every  steam-vessel  which  is  directed  by  these  rules  to  keep  out 
of  the  way  of  another  vessel  shall,  on  approaching  her,  if  necessary, 
slacken  her  speed  or  stop  or  reverse. 

Art.  24.  Notwithstanding  anything  contained  in  these  rules  every  vessel, 
overtaking  any  other,  shall  keep  out  of  the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any  direction  more 
than  two  points  abaft  her  beam,  that  is,  in  such  a  position,  with  reference 
to  the  vessel  which  she  is  overtaking  that  at  night  she  would  be  unable  to 
see  either  of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  overtaking 
vessel :  and  no  subsequent  alteration  of  the  bearing  between  the  two  ves- 
sels shall  make  the  overtaking  vessel  a  crossing  vessel  within  the  meaning 
of  these  rules,  or  relieve  her  of  the  duty  of  keeping  clear  of  the  overtaken 
vessel  until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  cannot  always  know  with  certainty 
whether  she  is  forward  of  or  abaft  this  direction  from  the  other  vessel 
she  should,  if  in  doubt,  assume  that  she  is  an  overtaking  vessel  and  keep 
out  of  the  way. 

Art.  25.  In  narrow  channels  every  steam  vessel  shall,  when  it  is  safe 
and  practicable,  keep  to  that  side  of  the  fair-way  or  mid-channel  which 
lies  on  the  starboard  side  of  such  vessel. 


i88  INTERNATIONAL  RELATIONS 

Art.  26.  Sailing  vessels  under  way  shall  keep  out  of  the  way  of  sailing 
vessels  or  boats  fishing  with  nets,  or  lines,  or  trawls.  This  rule  shall  not 
give  to  any  vessel  or  boat  engaged  in  fishing  the  right  of  obstructing  a 
fair-way  used  by  vessels  other  than  fishing  vessels  or  boats. 

Art.  27.  In  obeying  and  construing  these  rules  due  regard  shall  be  had 
to  all  dangers  of  navigation  and  collision,  and  to  any  special  circumstances 
which  may  render  a  departure  from  the  above  rules  necessary  in  order 
to  avoid  immediate  danger. 

SOUND  SIGNALS  FOR  VESSELS  IN  SIGHT  OF  ONE  ANOTHER 
Art.  28.    The  words  "short  blast"  used  in  this  article  shall  mean  a  blast 
of  about  one  second's  duration. 

When  vessels  are  in  sight  of  one  another,  a  steam  vessel  under  way,  in 
taking  any  course  authorized  or  required  by  these  rules,  shall  indicate  that 
course  by  the  following  signals  on  her  whistle  or  siren,  namely : 
One  short  blast  to  mean  "I  am  directing  my  course  to  starboard." 
Two  short  blasts  to  mean  "I  am  directing  my  course  to  port." 
Three  short  blasts  to  mean  "My  engines  are  going  at  full  speed  astern." 

No  VESSEL  UNDER  ANY  CIRCUMSTANCES  TO  NEGLECT  PROPER  PRECAUTIONS 

Art.  29.  Nothing  in  these  rules  shall  exonerate  any  vessel  or  owner  or 
master  or  crew  thereof,  from  the  consequences  of  any  neglect  to  carry 
lights  or  signals,  or  of  any  neglect  to  keep  a  proper  lookout,  or  of  the 
neglect  of  any  precaution  which  may  be  required  by  the  ordinary  practice 
of  seamen,  or  by  the  special  circumstances  of  the  case. 

RESERVATION  OF  RULES  FOR  HARBORS  AND  INLAND  NAVIGATION 
Art.  30.    Nothing  in  these  rules  shall  interfere  with  the  operation  of  a 
special  rule,  duly  made  by  local  authority,  relative  to  the  navigation  of 
any  harbor,  river,  or  inland  waters. 

DISTRESS  SIGNALS 

Art.  31.  When  a  vessel  is  in  distress  and  requires  assistance  from  other 
vessels  or  from  shore,  the  following  shall  be  the  signal  to  be  used  or  dis- 
played by  her,  either  together  or  separately,  namely : 

In  the  daytime — 

First,  A  gun  or  other  explosive  signal  fired  at  intervals  of  about  a 
minute. 

Second,   The  international  code  signal  of  distress  indicated  by  N.C. 

Third,  The  distance  signal,  consisting  of  a  square  flag,  having  either 
above  or  below  it  a  ball  or  anything  resembling  a  ball. 

Fourth,  A  continuous  sounding  with  a  fog-signal  apparatus. 

At  night- 
First,  A  gun  or  other  explosive  signal  fired  at  intervals  of  about  a 
minute. 


COMMON  PROPERTY  OF  ALL  NATIONS  189 

Second,  Flames  on  the  vessel  (as  from  a  burning  tar  barrel,  oil  barrel, 
and  so  forth.) 

Third,  Rockets  or  shells  throwing  stars  of  any  color  or  description,  fired 
one  at  a  time  at  short  intervals. 

Fourth,  A   continuous   sounding  with    fog-signal   apparatus.6 

Of  the  foregoing  rules  and  regulations  Articles  I,  5,  6,  8,  12, 
13,  14,  16,  17,  19,  20,  21,  22,  23,  24,  25,  26,  27,  and  29,  are 
included  in  the  rules  for  harbors,  rivers  and  inland  waters. 
Rules  not  identical  but  substantially  the  same  as  those  con- 
tained in  Articles  2,  3,  n,  15,  18,  are  also  made  to  apply  to 
them.  The  rules  for  the  Great  Lakes  and  connecting  and 
tributary  waters,  though  similar,  are  somewhat  different  in 
their  provisions,  as  also  are  those  for  the  Red  River  of  the 
North  and  the  rivers  emptying  into  the  Gulf  of  Mexico.7 

It  will  be  observed  that,  so  far  as  it  concerns  the  United 
States,  international  law-making  in  this  instance  has  not  taken 
the  usual  form  of  an  international  convention,  ratified  as  such, 
but  the  rules  formulated  by  the  representatives  of  the  nations 
have  been  enacted  into  statutory  law.  The  statute  makes  it  the 
duty  of  the  master  of  each  vessel,  in  case  of  collision,  so  far  as 
he  can  safely  do  so,  to  stay  by  and  assist  the  other  vessel,  her 
crew  and  passengers,  to  report  all  serious  accidents  to  the  col- 
lector of  the  port  to  which  the  vessel  belongs  and  "so  far  as  he 
can  do  so  without  serious  danger  to  his  own  vessel,  crew,  or 
passengers,  render  assistance  to  every  person  who  is  found  at 
sea  in  danger  of  being  lost,"  failing  so  to  do  renders  him  liable 
to  a  penalty  of  $1,000  or  imprisonment  for  two  years  or  both.8 

By  the  act  of  October  31,  1903,  it  was  provided : 

That  the  President  of  the  United  States  be,  and  he  is  hereby  authorized 
to  make  with  the  several  governments  interested  in  the  navigation  of  the 
North  Atlntic  Ocean,  an  international  agreement  providing  for  the  report- 
ing, marking,  and  removal  of  dangerous  wrecks,  derelicts,  and  other 
menaces  to  navigation  in  the  North  Atlantic  Ocean  outside  the  coast 
waters  of  the  respective  countries  bordering  thereon.9 

6  Compiled  Statutes  of  the  United  States,  1918,  §§7834  to  7870. 
*  Id.  §§  7872  to  7874- 

8  Id.  §§  7975,  7979,  799*  • 

9  Id.  §  7989- 


igo  INTERNATIONAL  RELATIONS 

The  necessity  for  concerted  action  by  all  interested  nations 
to  guard  against  dangers  of  this  kind  was  made  distressingly 
prominent  by  the  disastrous  collision  of  the  Titanic  with  an 
iceberg  on  April  14,  1912  with  appalling  loss  of  life.  This  led 
to  a  conference  at  London,  at  which  the  following  convention 
was  signed  on  January  20,  1914  by  representatives  of  Ger- 
many, Austria-Hungary,  Belgium,  Denmark,  Spain,  United 
States,  France,  Great  Britain,  Italy,  Norway,  The  Netherlands, 
Russia  and  Sweden. 

INTENATIONAL  CONVENTION  ON  SAFETY  OF  LIFE  AT  SEA 
Chapter  I — Safety  of  Life  at   Sea 

Art.  I.  The  high  contracting  parties  undertake  to  give  effect  to  the 
visions  of  this  convention,  for  the  purpose  of  securing  safety  of  life  at 
sea,  to  promulgate  all  regulations  and  to  take  all  steps  which  may  be  neces- 
sary to  give  the  convention  full  and  complete  effect. 

The  provisions  of  this  convention  are  completed  by  regulations  which 
have  the  same  force  and  take  effect  at  the  same  time  as  the  convention. 
Every  reference  to  the  convention  implies  at  the  same  time  a  reference 
to  the  regulations  annexed  thereto. 

Chapter  II — Ships  to  Which  this  Convention  Applies 

Art.  2.  Except  where  otherwise  provided  by  this  convention,  the  mer- 
chant ships  of  any  of  the  states  of  the  high  contracting  parties,  which  are 
mechanically  propelled,  which  carry  more  than  12  passengers  and  which 
proceed  from  a  port  of  one  of  the  said  states  to  a  point  situated  outside 
that  state,  or  conversely,  are  subject  to  the  provisions  of  this  convention. 
Ports  situated  in  the  colonies,  possessions  or  protectorates  of  the  high  con- 
tracting parties  are  considered  to  be  ports  outside  the  states  of  the  high 
contracting  parties. 

Persons  who  are  on  board  by  reason  of  force  majeure  or  in  consequence 
of  the  obligations  laid  on  the  master  to  carry  shipwrecked  or  other  per- 
sons are  not  deemed  to  be  passengers. 

Art.  3.  There  are  excepted  from  this  convention  save  in  the  cases  where 
the  convention  otherwise  provides,  ships  making  voyages  specified  in  a 
schedule  to  be  communicated  by  each  high  contracting  party  to  the  British 
Government  at  the  time  of  ratifying  the  convention. 

No  schedules  may  include  voyages  in  the  course  of  which  the  ships  go 
more  than  200  sea  miles  from  the  nearest  coast. 

Each  high  contracting  party  has  the  right  subsequently  to  modify  its 
schedule  of  voyages  in  conformity  with  this  article  on  condition  that  it 
notifies  the  British  government  of  such  modification. 


COMMON  PROPERTY  OF  ALL  NATIONS  191 

Each  high  contracting  party  has  the  right  to  claim  from  another  high 
contracting  party  the  benefit  of  the  privileges  of  the  convention  for  all 
of  its  ships  which  are  engaged  in  any  one  of  the  voyages  mentioned  in 
its  own  schedule.  For  this  purpose  the  party  claiming  such  benefit  shall 
impose  on  the  said  ships  the  obligations  prescribed  by  the  convention  in 
so  far  as,  having  regard  to  the  nature  of  the  voyage,  these  obligations 
would  not  be  unnecessary  or  unreasonable. 

Art.  4.  No  ship,  not  subject  to  the  provisions  of  the  convention  at  the 
time  of  its  departure,  can  be  subject  to  the  convention  in  the  course  of 
its  voyage,  if  stress  of  weather  or  any  other  cause  of  force  majeure  com- 
pels it  to  take  refuge  in  a  port  of  one  of  the  states  of  tlie  high  contracting 
parties. 

Chapter  III — Safety  of  Navigation 

Art.  5.  When  the  expression  "every  ship"  is  used  in  this  chapter  and  in 
the  corresponding  part  of  the  annexed  regulations,  it  includes  all  merchant 
ships,  whether  they  are  ships  defined  in  article  2  or  not,  which  belong  to 
any  of  the  contracting  states. 

Art.  6.  The  high  contracting  parties  undertake  to  take  all  steps  to 
ensure  the  destruction  of  derelicts  in  the  Northern  part  of  the  Atlantic 
ocean  east  of  a  line  drawn  from  Cape  Sable  to  a  point  situated  in  latitude 
34°  north  and  longitude  70°  west.  Further,  they  will  establish  in  the  north 
Atlantic  with  the  least  possible  delay  a  service  for  the  study  and  observa- 
tion of  ice  conditions  and  a  service  of  ice  patrol. 

For  this  purpose: — 

Two  vessels  shall  be  charged  with  these  three  services. 

During  the  whole  of  the  ice  season,  they  shall  be  employed  in  ice  patrol. 

During  the  rest  of  the  year  the  two  vessels  shall  be  employed  in  the 
study  and  observation  of  ice  conditions  and  in  the  destruction  of  derelicts ; 
nevertheless  the  study  and  observation  of  ice  conditions  shall  be  effectively 
maintained,  in  particular  from  the  beginning  of  February  to  the  opening  of 
the  ice  season. 

While  the  two  vessels  are  employed  in  ice  patrol  the  high  contracting 
parties,  to  the  extent  of  their  ability  and  so  far  as  the  exigencies  of  naval 
service  will  permit,  will  send  warships  or  other  vessels  to  destroy  any 
dangerous  derelicts,  if  this  destruction  is  considered  necessary  at  that  time. 

Art.  7.  The  government  of  the  United  States  is  invited  to  undertake  the 
management  of  the  three  services  of  derelict  destruction,  study  and  ob- 
servation of  ice  conditions,  and  ice  patrol.  The  high  contracting  parties 
which  are  especially  interested  in  these  services,  and  whose  names  are 
given  below,  undertake  to  contribute  to  the  expense  of  establishing  and 
working  the  said  services  in  the  following  proportions :  Austria-Hungary, 
2%,  Belgium,  4%,  Canada,  2%,  Denmark,  2%,  France,  15%,  Germany,  15%, 
Great  Britain,  30%,  Italy,  4%,  Netherlands,  4%,  Norway,  3%,  Russia,  2%, 
Sweden,  2%,  United  States  of  America,  15%. 


192  INTERNATIONAL  RELATIONS 

Each  of  the  high  contracting  parties  has  the  right  to  discontinue  its  con- 
tribution to  the  expense  of  working  these  services  after  the  ist  September, 
1916.  Nevertheless,  the  high  contracting  party  which  avails  itself  of  this 
right  will  continue  responsible  for  the  expenses  of  working  up  to  the  1st 
September  following  the  date  of  denunciation  of  the  convention  on  this 
particular  point.  To  take  advantage  of  the  said  right,  it  must  give  notice 
to  the  other  contracting  parties  at  least  six  months  before  the  said  ist  Sep- 
tember; so  that,  to  be  free  from  its  obligations  on  the  ist  September, 
1916,  it  must  give  notice  on  the  ist  March,  1916,  at  the  latest,  and  similarly 
for  each  subsequent  year. 

In  case  the  United  States  government  should  not  accept  the  proposal 
made  to  them,  or  in  case  one  of  the  high  contracting  parties,  for  any 
reason,  should  not  assume  responsibility  for  the  pecuniary  contribution  de- 
nned above,  the  high  contracting  parties  shall  settle  the  question  in  ac- 
cordance with  their  mutual  interests. 

The  government  of  the  high  contracting  party  which  undertakes  the  man- 
agement of  the  service  of  derelict  destruction  is  invited  to  devise  means 
of  granting,  at  the  expense  of  this  service,  to  merchant  ships,  which  have 
contributed  in  an  effective  manner  to  the  destruction  of  ocean  derelicts, 
rewards  to  be  fixed  by  the  government  in  accordance  with  the  services 
rendered. 

The  high  contracting  parties  which  contribute  to  the  cost  of  the  three 
above-mentioned  services  shall  have  the  right  by  common  consent  to  make 
from  time  to  time  such  alterations  in  the  provisions  of  this  article  and  of 
article  6  as  appear  desirable. 

Art.  8.  The  master  of  every  ship  which  meets  with  dangerous  ice  or  a 
dangerous  derelict  is  bound  to  communicate  the  information  by  means  of 
communication  at  his  disposal  to  the  ships  in  the  vicinity,  and  also  to  the 
competent  authorities  at  the  first  point  of  the  coast  with  which  he  can 
communicate. 

Every  administration  which  receives  intelligence  of  dangerous  ice  or  of  a 
dangerous  derelict  shall  take  all  steps  which  it  thinks  necessary  for  bring- 
ing the  information  to  the  knowledge  of  those  concerned  and  for  com- 
municating it  to  the  other  administrations. 

The  transmission  of  messages  respecting  ice  and  derelicts  is  free  of  cost 
to  the  ships  concerned. 

It  is  desirable  that  the  said  information  should  be  sent  in  a  uniform 
rqanner.  For  this  purpose,  a  code,  the  use  of  which  is  optional,  appears 
in  article  I  of  the  regulations  annexed  hereto. 

Art.  9.  The  master  of  every  ship  fitted  with  a  radio-telegraph  install- 
ation, on  becoming  aware  of  the  existence  of  an  imminent  and  serious 
danger  to  navigation,  shall  report  it  immediately  in  the  manner  prescribed 
by  article  II.  of  the  regulations  annexed  hereto. 

Art.  10.  When  ice  is  reported  on,  or  near,  his  course,  the  master  of 
every  ship  is  bound  to  proceed  at  night  at  a  moderate  speed,  or  to  alter 
his  course  so  as  to  go  well  clear  of  the  danger  zone. 


COMMON  PROPERTY  OF  ALL  NATIONS  193 

Art.  ii.  The  ships  defined  by  article  2  shall  have  on  board  a  Morse 
signalling  lamp  of  sufficient  range. 

The  use  of  Morse  signals  is  regulated  by  the  code  appearing  in  article 
III.  as  well  as  by  article  IV.  of  the  regulations  annexed  hereto. 

Art.  12.  The  use  of  the  international  distress  signals  for  any  other  pur- 
pose than  that  of  signals  of  distress  is  prohibited  on  every  ship. 

The  use  of  private  signals  which  are  liable  to  be  confused  with  the  in- 
ternational distress  signals  is  prohibited  on  every  ship. 

Art.  13.  The  selection  of  the  routes  across  the  north  Atlantic  in  both 
directions  is  left  to  the  responsibility  of  the  steamship  companies.  Never- 
theless, the  high  contracting  parties  undertake  to  impose  on  these  com- 
panies the  obligation  to  give  public  notice  of  the  regular  routes  which 
they  propose  their  vessels  should  follow,  and  of  any  changes  which  they 
make  in  them. 

The  high  contracting  parties  undertake,  further,  to  use  their  influence 
to  induce  the  owners  of  all  vessels  crossing  the  Atlantic  to  follow  as  far 
as  possible  the  routes  adopted  by  the  principal  companies. 

Art.  14.  The  high  contracting  parties  undertake  to  use  all  diligence  to 
obtain  from  the  governments  which  are  not  parties  to  this  convention 
their  agreement  to  the  revision  of  the  international  regulations  for  pre- 
venting collisions  at  sea  as  indicated  below : 

(A)  The  regulations  shall  be  completed  or  revised  in  regard  to  the 
following  points  : 

(1)  The  second   white   light. 

(2)  The  stern  light. 

(3)  A  day  signal  for  motor  vessels. 

(4)  A  sound  signal  for  a  vessel  towed. 

(5)  The  prohibition  of  signals  similar  to  distress  signals. 

(B)  Articles  2,  10,  14,  13,  31  of  the  said  regulations  shall  be  amended 
in  accordance  with  the  following  provisions : 

Article   2.    The  second  white  mast-head  light  to  be  compulsory. 

Article  10.  A  permanent  fixed  stern  light  to  be  compulsory. 

Article  14.   A  special  day  signal  to  be  compulsory  for  motor  vessels. 

Article  15.  A  special  sound  signal  to  be  established  for  use  by  a  vesel  in 
tow,  or  if  the  tow  is  composed  of  several  vessels  by  the  last  vessel  of  the 
tow. 

Article  31.  Article  31  to  be  modified  in  the  following  manner:  Add 
to  the  list  of  both  day  and  night  signals  the  international  radiotelegraph 
distress  signal. 

Art.  15.  The  governments  of  the  high  contracting  parties  undertake  to 
maintain,  or,  if  it  is  necessary,  to  adopt,  measures  for  the  purpose  of 
ensuring  that,  from  the  point  of  view  of  safety  at  sea,  the  ships  denned  io 
article  2  shall  be  sufficiently  and  efficiently  manned. 


194  INTERNATIONAL  RELATIONS 

Chapter  IV — Construction 
NEW  SHIPS  AND  EXISTING  SHIPS 

Art.  16.  For  the  application  of  the  articles  contained  in  this  chapter 
and  in  the  corresponding  part  of  the  regulations  annexed  hereto,  the 
ships  defined  in  article  2  are  divided  into  "new  ships"  and  "existing  ships." 

New  ships  are  those  the  keel  of  which  is  laid  after  the  1st  of  July,  1915. 
The  following  articles  of  this  chapter,  namely  articles  17  to  30,  are 
applicable  to  them  in  full. 

Other  ships  are  considered  as  existing  ships.  Existing  arrangements  on 
each  of  these  ships  shall  be  considered  by  the  administration  of  the  state 
to  which  the  ship  belongs,  with  a  view  to  improvements  providing  for  in- 
creased safety  where  practicable  and  reasonable. 

SUBDIVISION  OF  SHIPS 

Art.  17.  Ships  shall  be  as  efficiently  subdivided  as  possible  having  regard 
to  the  nature  of  the  service  for  which  they  are  intended.  The  minimum 
requirements  respecting  subdivision  and  arrangements  affecting  subdivision 
are  given  in  the  following  articles  and  in  the  regulations  annexed  to  this 
convention. 

The  degree  of  safety  provided  for  by  these  minimum  requirements  vane? 
in  a  regular  and  continuous  manner  with  the  length  of  the  vessel  and  with 
a  certain  "criterion  of  service."  The  requirements  of  the  annexed 
regulations  are  such  that  the  highest  degree  of  safety  corresponds  wUh 
the  ships  of  the  greatest  length  primarily  engaged  in  the  carriage  of 
passengers. 

Articles  V.  to  IX.  of  the  annexed  regulations  indicate  the  method  to  be 
followed  in  order  to  determine  the  permissible  length  of  compartments  on 
the  basis  of  floodable  length ;  prescribe  a  limit  to  the  length  of  compart- 
ments ;  and  fix  the  conditions  governing  special  cases. 

When  the  watertight  subdivision  of  a  ship  is  such  as  to  provide  for 
a  degree  of  safety  greater  than  that  provided  by  the  rules  prescribed  by 
this  convention,  the  administration  of  the  state  to  which  the  ship  belongs 
shall,  if  so  required  by  the  owner,  record  this  fact  on  the  safety  certificate 
of  the  ship  to  the  extent  and  in  the  manner  provided  in  article  X.  of 
the  annexed  regulations. 

PEAK  AND  MACHINERY  SPACE  BULKHEADS 

Art.  18.  Ships  shall  be  fitted  with  forward  and  after  peak  bulkheads 
at  the  extremities  of  the  machinery  space  in  accordance  with  the  pro- 
visions of  article  XI.  of  the  annexed  regulations. 

FIREPROOF  BULKHEADS 

Art.  19.  With  a  view  to  retarding  the  spread  of  fire,  ships  shall  be  fitted 
with  fireproof  bulkheads  in  accordance  with  the  provisions  of  article  XVI. 
of  the  annexed  regulations. 


COMMON  PROPERTY  OF  ALL  NATIONS  195 

EXITS  FROM  WATERTIGHT  COMPARTMENTS 

Art.  20.  The  conditions  under  which  means  of  escape  from  the  various 
water  tight  compartments  shall  be  provided  are  indicated  in  article  XIII. 
of  the  annexed  regulations. 

CONSTRUCTION  AND  TESTS  OF  WATERTIGHT  BULICHEADS 
Art.  21.    In  order  to  ensure  their  strength  and  watertightness,  water- 
tight bulkheads  shall  be  constructed  and  tested  in  accordance  with  the  pro- 
visions of  article  XIV.  of  the  annexed  regulations. 

OPENINGS  IN  WATERTIGHT  BULKHEADS 

Art.  22.  The  number  of  openings  in  watertight  bulkheads  shall  be  re- 
duced to  the  minimum  compatible  with  the  design  and  proper  working  of 
the  ship:  satisfactory  means  shall  be  provided  for  closing  these  open- 
ings. Articles  XV.  and  XVII.  of  the  annexed  regulations  indicate  the 
conditions  governing  the  number  of  openings,  the  character  and  use  of 
the  means  of  closing  with  which  these  openings  shall  be  provided,  and  the 
tests  to  which  watertight  doors  shall  be  subjected. 

OPENINGS  IN  SHIP'S  SIDE 

Art.  23.  Side-scuttles  and  other  openings  in  the  side  of  the  ship  and 
the  inboard  openings  of  discharges  through  the  shell  shall  be  provided 
with  the  means  of  closing  them,  and  shall  be  arranged  in  such  manner  as 
to  prevent  so  far  as  possible  the  accidental  admission  of  water  into  the 
ship.  Articles  XVI.  and  XVII.  of  the  annexed  regulations  indicate  the  con- 
ditions under  which  openings  may  be  made  in  the  ship's  side,  the  appliances 
which  shall  be  provided  for  closing  these  openings,  and  the  requirements 
as  to  operating  the  closing  appliances. 

CONSTRUCTION  AND  TESTS  OF  WATERTIGHT  DECKS,  &c. 
Art.  24.    In  order  to  ensure  their  strength  and  watertightness,  water- 
tight  decks,   trunks  and  ventilators   shall  be   constructed   and  tested   in 
accordance  with  the  provisions  of  article  XVIII.  of  the  annexed  regula- 
tions. 

PERIODICAL  OPERATION  AND  INSPECTION  OF  WATERTIGHT  DOORS,  &c. 

Art.  25.  The  conditions  under  which  inspection  of  watertight  doors,  &c., 
and  drills  for  their  operation,  shall  be  made  periodically  during  a  voyage 
are  indicated  in  article  XIX.  of  the  annexed  regulations. 

ENTRIES  IN  THE  OFFICIAL  LOG  BOOK 

Art.  26.  A  record  of  the  closing  and  opening  of  watertight  doors,  &c., 
and  of  all  inspections  and  drills,  shall  be  entered  in  the  official  log  book  as 
required  by  article  XX.  of  the  annexed  regulations. 

DOUBLE  BOTTOMS 
Art.  27.   The  conditions  under  which  a  double  bottom  shall  be  fitted  in 


196  INTERNATIONAL  RELATIONS 

ships  of  different  lengths,  and  in  particular  the  minimum  extent  of  the 
double   bottom   longitudinally  and   transversely,   are   indicated   in   article 

XXI,  of  the  annexed  regulations. 

GOING  ASTERN  AND  AUXILIARY  STEERING  APPARATUS 
Art.  28.    Ships  shall  comply,  as  regards  their  power  of  going  astern  and 
the  fitting  of  auxiliary  steering  apparatus,  with  the  provisions  of  article 

XXII.  of  the  annexed  regulations. 

INITIAL  AND  SUBSEQUENT  SURVEYS  OF  SHIPS 

Art.  29.  The  general  principles  which  shall  govern  the  survey  of  the 
ships  defined  in  article  2,  whether  new  ships  or  existing  ships,  as  regards 
hull,  main  and  auxiliary  boilers  and  machinery,  and  equipments,  are  stated 
in  articles  XXIV.  to  XXVI.  of  the  annexed  regulations.  The  government 
of  each  of  the  high  contracting  parties  undertakes : 

(1)  To  draw  up  detailed  regulations  in  accordance  with  these  general 
principles,  or  to  bring  its  existing  regulations  into  agreement  with  these 
principles : 

(2)  To  communicate  these  regulations  to  each  of  the  other  contracting 
states;  and 

(3)  To  secure  that  these  regulations  shall  be  enforced. 

The  detailed  regulations  referred  to  in  the  preceding  paragraph  shall  be 
in  all  respects  such  as  to  secure  that,  from  the  point  of  view  of  safety  of 
life,  the  ship  is  fit  for  the  service  for  which  it  is  intended. 

QUESTIONS  FOR  FURTHER  STUDY  AND  AGREEMENT. — EXCHANGE 
OF  INFORMATION 

Art.  30.  The  high  contracting  parties  undertake  to  cause  the  study  of 
the  criterion  of  service  referred  to  in  article  17  to  be  pressed  forward,  and 
to  communicate  to  each  other  the  results  of  that  study. 

The  British  government  is  invited  to  undertake  the  duty  of  circulating 
this  information,  and,  as  soon  as  definite  result  is  attainable,  of  endeavor- 
ing to  secure,  through  the  diplomatic  channel,  the  acceptance  by  the  con- 
tracting states  of  the  criterion.  Upon  its  acceptance  by  each  of  the  con- 
tracting states,  as  from  a  date  and  subject  to  conditions  to  be  agreed  upon, 
such  criterion  shall  have  effect  as  if  it  were  prescribed  in  the  convention. 

The  above  procedure  shall  also  be  applied  to  the  following  items : 

(1)  The  fitting  of  longitudinal  watertight 'bulkheads,  double  skins  and 
water  tight  decks  and  flats,  and  the  question  whether  there  may  be  allowed 
any  increase  in  the  length  of  transverse  watertight  compartments  in  any 
way  of  which  such  longitudinal  subdivision  is  fitted,  and,  if  so,  to  what 
extent ; 

(2)  The  method  of  subdivision  for  obtaining  the  highest  practicable  de- 
gree of  safety  to  be  applied  to  ships  of  shorter  lengths  than  those  covered 
by  article  VIII.  of  the  annexed  regulations ;  and 

(3)  The  results  of  experiments  in  regard  to  the  proper  margin  of  re- 


COMMON  PROPERTY  OF  ALL  NATIONS  197 

sistance  above  the  pressure  which  water  tight  bulkheads  are  required  to 
be  capable  of  supporting,  as  referred  to  in  article  XIV.  of  the  annexed 
regulations. 

The  contracting  states  undertake  to  exchange  information  as  freely  as 
possible  in  regard  to  the  application  of  the  rules  of  this  convention  in 
matters  relating  to  safety  of  construction.  They  shall  communicate  to 
each  other  the  methods  or  rules  which  they  adopt,  information  concerning 
any  new  fittings  or  appliances  which  they  sanction,  the  decisions  which 
they  make  in  regard  to  points  of  principle  not  covered  by  the  foregoing 
articles  and  the  corresponding  portion  of  the  annexed  regulations  and  the 
final  results  of  their  further  studies  in  matters  not  definitely  determined. 

CHAPTER  V — RADIOTELEGRAPHY 

Art.  31.  All  merchant  ships  belonging  to  any  of  the  contracting  states, 
whether  they  are  propelled  by  machinery  or  by  sails  and  whether  they 
carry  passengers  or  not  shall,  when  engaged  on  the  voyages  specified  in 
article  2,  be  fitted  with  a  radiotelegraph  installation,  if  they  have  on  board 
fifty  or  more  persons  in  all. 

Advantage  may  not  be  taken  of  the  provisions  of  article  2  and  3  of  this 
convention  to  exempt  a  ship  from  the  requirements  of  this  chapter. 

Art.  32.  Ships  on  which  the  number  of  persons  on  board  is  exceptionally 
and  temporarily  increased  up  to  or  beyond  fifty  as  the  result  of  force 
nmjeure,  or  because  the  master  is  under  the  necessity  of  increasing  the 
number  of  his  crew  to  fill  the  places  of  those  who  are  ill,  or  is  obliged  to 
carry  shipwrecked  or  other  persons,  are  exempt  from  the  above  obligation. 

Moreover,  the  governments  of  each  of  the  contracting  states,  if  they 
consider  that  the  route  and  the  conditions  of  the  voyage  are  such  as  to 
render  a  radiotelegraph  installation  unreasonable  or  unnecessary,  may 
exempt  from  the  above  requirements  the  following  ships : 

(1)  Ships  which  in  the  course  of  their  voyage  do  not  go  more  than  150 
sea  miles  from  the  nearest  coast : 

(2)  Ships  on  which  the  number  of  persons  on  board  is  exceptionally  or 
temporarliy  increased  up  to  or  beyond  fifty  by  the  carriage  of  cargo  hands 
for  a  part  of  the  voyage,  provided  that  the  said  ships  are  not  going  from 
one  continent  to  another,  and  that,  during  that  part  of  their  voyage,  they 
remain  within  the  limits  of  latitude  30  N.  and  30  S. ; 

(3)  Sailing  vessels  of  primitive  build,  such  as  dhows,  junks,  etc.,  if  it  is 
practically   impossible   to   instal   a   radiotelegraph   apparatus. 

Art.  33.  Ships  which,  in  accordance  with  article  31  above,  are  required  to 
be  fitted  with  a  radiotelegraph  installation  are  divided,  for  the  purpose  of 
radiotelegraph  service,  into  three  classes,  in  accordance  with  the  classifica- 
tion established  for  ship  stations  in  article  XIII.  (b)  of  the  regulations 
annexed  to  the  radiotelegraph  convention,  signed  in  London  on  the  5th 
July,  1912,  viz: 

First   Class — Ships   having  a  continuous   service. 


io8  INTERNATIONAL  RELATIONS 

There  shall  be  placed  in  the  first  class  ships  which  are  intended  to  carry 
twenty-five  or  more  passengers : 

(i)  If  they  have  an  average  speed  in  service  of  fifteen  knots  or  more; 
(2)  If  they  have  average  speed  in  service  of  more  than  thirteen  knots, 
but  only  subject  to  the  twofold  conditions  that  they  have  on  board  two 
hundred  persons  or  more  (passengers  and  crew),  and  that,  in  the  course 
of  their  voyage,  they  go  a  distance  of  more  than  five  hundred  sea  miles 
between  any  two  consecutive  ports.  Nevertheless  these  ships  may  be 
placed  in  the  second  class  on  condition  that  they  have  a  continuous  watch. 

Second  Class — Ships  having  a  service  of  limited  duration. 

There  shall  be  placed  in  the  second  class  all  ships  which  are  intended 
to  carry  twenty-five  or  more  passengers,  if  they  are  not,  for  other  reasons, 
placed  in  the  first  class. 

Ships  placed  in  the  second  class  must,  during  navigation,  maintain  a 
continuous  watch  for  at  least  seven  hours  a  day,  and  a  watch  of  ten 
minutes  at  the  beginning  of  every  other  hour. 

Third  Class — Ships  which  have  no  fixed  period  of  service. 

All  ships  which  are  placed  neither  in  the  first  nor  in  the  second  class 
shall  be  placed  in  the  third  class. 

The  owner  of  a  ship  placed  in  the  second  or  in  the  third  class  has  the 
right  to  require  that,  if  the  ship  complies  with  all  the  requirements  for 
a  superior  class,  a  statement  to  the  effect  that  it  belongs  to  that  superior 
class  shall  be  inserted  in  the  safety  certificate. 

Art.  34.  Ships  which  are  required  by  article  31  above  to  be  fitted  with 
a  radio-telegraph  installation  shall  be  required,  by  the  governments  of 
the  countries  to  which  they  belong,  to  maintain  a  continuous  watch  during 
navigation  as  soon  as  the  said  governments  consider  that  it  will  be  of 
service  for  the  purpose  of  safety  of  life  at  sea. 

Meanwhile,  the  high  contracting  parties  undertake  to  require,  from 
the  date  of  the  ratification  of  the  present  convention  subject  to  the  de- 
lays specified  below,  a  continuous  watch  on  the  following  ships : 

(1)  Ships  whose  average  speed  in  service  exceeds  13  knots,  which  have 
on  board  200  persons  or  more,  and  which,  in  the  course  of  their  voyage, 
go  a  distance  of  more  than  500  sea  miles  between  two  consecutive  ports 
when  these  ships  are  placed  in  the  second  class. 

(2)  Ships  in  the  second  class,  for  the  whole  of  the  time  during  which 
they  are  more  than  500  sea  miles  from  the  nearest  coast. 

(3)  Other  ships  specified  in  article  21,  when  they  are  engaged  in  the 
trans-Atlantic  trade,  or  when  they  are  engaged  in  other  trades  if  their 
route  takes  them  1,000  sea  miles  from  the  nearest  coast. 

Ships  connected  with  all  kinds  of  fishing  business,  including  whaling, 
which  are  required  to  be  fitted  with  a  radiotelegraph  installation,  shall 
not  be  required  to  maintain  a  continuous  watch. 

The  continuous  watch  may  be  kept  by  one  or  more  operators,  holding 


COMMON  PROPERTY  OF  ALL  NATIONS  199 

certificates  in  accordance  with  article  X.  of  the  regulations  annexed  to 
the  international  radiotelegraph  convention,  1912,  together,  if  necessary, 
with  one  or  more  certified  watchers.  Nevertheless,  if  an  efficient  auto- 
matic calling  apparatus  is  invented,  the  continuous  watch  may  be  main- 
tained by  this  means  by  agreement  between  the  governments  of  the  high 
contracting  parties. 

By  "certified  watcher"  is  meant  any  person  holding  a  certificate  issued 
under  the  authority  of  the  administration  concerned.  To  obtain  this  cer- 
tificate the  applicant  must  prove  that  he  is  capable  of  receiving  and  un- 
derstanding the  radiotelegraph  distress  signal  and  the  safety  signal  de- 
scribed in  the  regulations  annexed  hereto. 

The  high  contracting  parties  undertake  to  take  steps  to  insure  that  the 
certified  watchers  observe  the  secrecy  of  correspondence. 

Art.  35.  The  radiotelegraph  installations  required  by  article  31  above 
shall  be  capable  of  transmitting  clearly  perceptible  signals  from  ship  to 
ship  over  a  range  of  at  least  100  sea  miles  by  day  under  normal  con- 
ditions and  circumstances. 

Every  ship  which  is  required,  in  conformity  with  the  provisions  of 
article  31  above,  to  be  fitted  with  a  radiotelegraph  installation,  shall, 
whatever  be  the  class  in  which  it  is  placed,  be  provided  in  accordance 
with  article  XI.  of  the  regulations  annexed  to  the  International  Radio- 
telegraph Convention,  1912,  with  an  emergency  installation,  every  part  of 
which  is  placed  in  a  position  of  the  greatest  possible  safety  to  be  de- 
termined by  the  government  of  the  country  to  which  the  ship  belongs. 

In  all  cases  the  emergency  installation  must  be  placed,  in  its  entirety, 
in  the  upper  part  of  the  ship,  as  high  as  practically  possible. 

The  emergency  installation  includes,  as  provided  by  article  XI.  of  the 
regulations  annexed  to  the  International  Radiotelegraph  Convention,  1912, 
an  independent  source  of  energy  capable  of  being  put  into  operation 
rapidly  and  of  working  for  at  least  six  hours  with  a  minimum  range  of 
eighty  sea  miles  for  ships  in  the  first  class  and  fifty  sea  miles  for  ships 
in  the  two  other  classes. 

If  the  normal  installation,  which,  in  accordance  with  this  article,  has  a 
range  of  at  least  100  sea  miles,  satisfies  all  the  conditions  prescribed 
above,  an  emergency  installation  is  not  required. 

The  license  provided  for  in  article  IX.  of  the  regulations  annexed  to 
the  International  Radiotelegraph  Convention,  1912,  may  not  be  issued 
unless  the  installation  complies  both  with  the  provisions  of  that  conven- 
tion, and  also  with  the  provisions  of  this  convention. 

Art.  36.  The  matters  governed  by  the  International  Radiotelegraph 
Convention,  1912,  and  the  regulations  annexed  thereto,  and  in  particular 
the  radiotelegraph  installations  on  ships,  the  transmission  of  messages, 
and  the  certificates  of  the  operators,  remain  and  will  continue  subject 
to  the  provisions: 


200  INTERNATIONAL  RELATIONS 

(1)  Of   that  convention  and   the   regulations   annexed  thereto,   or  of 
any  other  instruments  which  may  in  the  future  be  substituted  therefor. 

(2)  Of  this  convention,  in  regard  to  all  the  points  in  which  it  supple- 
ments the  aforementioned  documents. 

Art.  37.  Every  master  of  a  ship,  who  receives  a  call  for  assistance 
from  a  vessel  in  distress  is  bound  to  proceed  to  the  assistance  of  the 
persons  in  distress. 

Every  master  of  a  vessel  in  distress  has  the  right  to  requisition  from 
the  ships  which  answer  his  call  for  assistance  the  ship  or  ships  which  he 
considers  best  able  to  render  him  assistance,  but  he  must  exercise  this 
right  only  after  consultation,  so  far  as  may  be  possible,  with  the  masters 
of  those  ships.  Such  ships  are  then  bound  to  comply  immediately  with 
the  requisition  by  proceeding  with  all  speed  to  the  assistance  of  the 
persons  in  distress. 

The  masters  of  the  ships  which  are  required  to  render  assistance  are 
released  from  this  obligation  as  soon  as  the  master  or  masters  requisi- 
tioned have  made  known  that  they  will  comply  with  the  requisition,  or 
as  soon  as  the  master  of  one  of  the  ships  which  has  reached  the  scene 
of  the  casualty  has  made  known  to  them  that  their  assistance  is  no 
longer  necessary. 

If  the  master  of  a  ship  is  unable,  or  considers  it  unreasonable  or  un- 
necessary, in  the  special  circumstances  of  the  case,  to  go  to  the  assistance 
of  the  vessel  in  distress,  he  must  immediately  inform  the  master  of  the 
vessel  in  distress  accordingly.  Moreover  he  must  enter  in  his  log  book 
the  reasons  justifying  his  action. 

The  above  provisions  do  not  prejudice  the  international  convention  for 
the  unification  of  certain  rules  with  respect  to  assistance  and  salvage 
at  sea,  signed  at  Brussels  on  the  23rd  September,  1910,  and,  in  particular, 
the  obligation  to  render  assistance  laid  down  in  article  n  of  that  con- 
vention. 

Art.  38.  The  high  contracting  parties  undertake  to  take  all  steps  nec- 
essary for  giving  effect  to  the  provisions  of  this  chapter  with  the  least 
possible  delay.  Nevertheless,  they  may  allow: 

A  delay  not  exceeding  one  year,  from  the  date  of  the  ratification  of 
this  convention,  for  the  provision  and  training  of  operators  and  for  the 
installation  of  the  apparatus  on  ships  placed  in  the  first  and  second  classes. 

A  delay  not  exceeding  two  years,  from  the  date  of  the  ratification  of 
this  convention,  for  the  provision  and  training  of  the  operators  and 
watchers  on  the  ships  in  the  third  class,  for  the  installation  of  the  ap- 
paratus on  ships  of  the  third  class  and  for  the  establishment  of  a  con- 
tinuous watch  on  ships  placed  in  the  second  and  third  classes. 


COMMON  PROPERTY  OF  ALL  NATIONS  201 

Chapter  VI — Life-saving  Appliances  and  Fire  Protection 
NEW  SHIPS  AND  EXISTING  SHIPS 

Art.  39.  For  the  application  of  the  articles  contained  in  this  chapter 
and  of  the  corresponding  part  of  the  regulations  annexed  hereto  the  ships 
defined  in  article  2  are  divided  into  new  ships  and  existing  ships. 

New  ships  are  those  of  which  the  keel  is  laid  after  the  3 1st  December, 
1914. 

Other  ships  are  considered  as  existing  ships. 

FUNDAMENTAL  PRINCIPLE 

Art.  40.  At  no  moment  of  its  voyage  may  a  ship  have  on  board  a  total 
number  of  persons  greater  than  that  for  whom  accommodation  is  pro- 
vided in  the  life-boats  and  pontoon  life-rafts  on  board. 

The  number  and  arrangement  of  the  boats,  and  (where  they  are  al- 
lowed) of  pontoon  rafts,  on  a  ship  depends  on  the  total  number  of  per- 
sons which  the  ship  is  intended  to  carry;  provided  that  there  shall  not 
be  required  on  any  voyage  a  total  capacity  in  boats,  and  (where  they  are 
allowed)  pontoon  rafts,  greater  than  that  necessary  to  accommodate  all 
the  persons  on  board. 

STANDARD  TYPES  OF  BOATS — PONTOON  RAFTS 

Art.  41.  All  the  life-boats  allowed  for  a  ship  shall  comply  with  the 
conditions  fixed  by  this  convention  and  articles  XXVII.  and  XXXII.  of 
the  regulations  annexed  hereto:  the  same  articles  describe  the  standard 
types,  which  are  divided  into  two  classes. 

The  conditions  required  for  the  pontoon  rafts  are  given  in  Article 
XXXIII.  of  the  same  regulations. 

STRENGTH  OF  BOATS 

Art.  42.  Each  boat  must  be  of  sufficient  strength  to  enable  it  to  be 
safely  lowered  into  the  water  when  loaded  with  its  full  complement  of 
persons  and  equipment. 

ALTERNATIVE  TYPES  OF  BOATS  AND  RAFTS 

Art.  43.  Any  type  of  boat  may  be  accepted  as  equivalent  to  a  boat  of 
one  of  the  prescribed  classes  and  any  type  of  raft  as  equivalent  to  an 
approved  pontoon  raft,  if  the  administrations  concerned  are  satisfied  by 
suitable  trials  that  it  is  as  effective  as  the  standard  types  of  the  class  in 
question,  or  as  the  approved  type  of  pontoon  raft,  as  the  case  may  be. 

The  government  of  the  high  contracting  party  which  accepts  a  new 
type  of  boat  or  raft  will  communicate  to  the  governments  of  the  other 
contracting  parties  particulars  of  the  trials  made.  It  will  also  inform 
them  of  the  class  in  which  a  new  type  of  boat  has  been  placed. 


202  INTERNATIONAL  RELATIONS 

EMBARKATION  OF  THE  PASSENGERS  IN  BOATS  AND  RAFTS 
Art  44.    Suitable  arrangements  shall  be  made  for  embarking  the  pas- 
sengers in  the  boats. 

In  ships  which  carry  rafts  there  shall  be  a  number  of  rope  ladders 
always  available  for  use  in  embarking  the  persons  on  to  the  rafts. 

CAPACITY  OF  BOATS,  AND  PONTOON  RAFTS 

Art.  45.  The  number  of  persons  that  a  boat  of  one  of  the  standard 
types  or  an  approved  pontoon  raft  can  accommodate  is  determined  by 
the  methods  indicated  in  articles  XXXIV.  and  XXXIX.,  inclusive  of  the 
regulations  annexed  hereto. 

EQUIPMENT  OF  BOATS  AND  PONTOON  RAFTS 

Art.  46.  Article  XL.  of  the  annexed  regulations  prescribes  the  equip- 
ment for  boats  and  pontoon  rafts.  All  loose  equipment  must  be  securely 
attached  to  the  boat  or  pontoon  raft  to  which  it  belongs. 

STOWAGE  OF  BOATS — NUMBER  OF  DAVITS 

Art.  47.  The  arrangements  to  be  made  for  the  stowage  of  boats  and 
in  particular  the  extent  to  which  pontoon  rafts  may  be  accepted  are  speci- 
fied in  articles  XLL,  XLII.,  and  XLIII.  of  the  annexed  regulations. 

The  minimum  number  of  sets  of  davits  is  fixed  in  relation  to  the  length 
of  the  ship:  provided  that  a  number  of  sets  of  davits  greater  than  the 
number  of  boats  necessary  for  the  accommodation  of  all  the  persons  on 
board  may  not  be  required. 

HANDLING  OF  THE  BOATS  AND  RAFTS 

Art  48.  All  the  boats  and  rafts  must  be  stowed  in  such  a  way  that 
they  can  be  launched  in  the  shortest  possible  time  and  that,  even  under 
unfavorable  conditions  of  list  and  trim  from  the  point  of  view  of  the 
handling  of  the  boats  and  rafts,  it  may  be  possible  to  embark  in  them  as 
large  a  number  of  persons  as  possible. 

The  arrangements  must  be  such  that  it  may  be  possible  to  launch  on 
either  side  of  the  ship  as  large  a  number  of  boats  and  rafts  as  possible. 

Supplementary  instructions  are  given  in  article  LIV.  of  the  annexed 
regulations. 

STRENGTH  AND  OPERATION  OF  THE  DAVITS 
Art.  49.    The  davits  shall  be  of  such  strength  that  the  boats  can  be 

lowered  with  their  full  complement  of  persons  and  equipment,  the  ship 

being  assumed  to  have  a  list  of  15  degrees. 

The  davits  must  be  fitted  with  a  gear  of  sufficient  power  to  ensure 

that  the  boat  can  be  turned  out  against  the  maximum  list  under  which 

the  lowering  of  the  boat  is  possible  on  the  vessel  in  question. 

OTHER  APPLIANCES  EQUIVALENT  TO  DAVITS 
Art  50.    Any  appliance  may  be  accepted  in  lieu  of  davits  or  sets  of 


COMMON  PROPERTY  OF  ALL  NATIONS  203 

davits  if  the  administration  concerned  is  satisfied,  after  proper  trials, 
that  the  appliance  in  question  is  as  effective  as  davits  for  placing  the 
boats  in  the  water. 

The  government  of  the  high  contracting  party  which  accepts  a  new 
type  of  appliance  shall  communicate  to  the  other  contracting  parties 
particulars  of  the  appliance  with  details  of  the  trials  made. 

LIFE-JACKETS  AND  LIFE-BUOYS 

Art.  51.  (i)  A  life-jacket  of  an  appropriate  type,  or  other  appliance 
of  equal  buoyancy  and  capable  of  being  fitted  on  the  body,  shall  be  car- 
ried for  every  person  on  board,  and  in  addition,  a  sufficient  number  of 
life-jackets,  or  other  equivalent  appliances,  suitable  for  children. 

(2)  Article  XLV.  of  the  annexed  regulations  fixes  in  accordance  with 
the  length  of  the  ship  the  number  of  life-buoys  of  an  approved  type  to 
be  carried,  and  also  the  conditions  with  which  life-jackets  and  life-buoys 
must  comply,  and  in  accordance  with  which  they  must  be  stowed. 

EXISTING  SHIPS 

Art.  52.  The  government  of  each  of  the  high  contracting  parties  un- 
dertakes to  apply  to  existing  ships,  as  soon  as  possible  and  not  later 
than  the  ist  July,  1915,  all  the  provisions  of  the  preceding  articles  of 
the  present  chapter,  namely,  articles  40  to  51  inclusive,  requiring  in  the 
first  place  accommodation  for  all  the  persons  on  board  in  boats  and  rafts : 
provided  that,  in  cases  where  the  strict  application  of  these  principles 
would  not  be  practicable  or  reasonable,  the  government  of  each  of  the 
high  contracting  parties  has  the  right  to  allow  the  exemptions  specified  in 
article  XLVI.  of  the  regulations  annexed  hereto. 

MEANS  OF  INGRESS  AND  EGRESS.    EMERGENCY  LIGHTING 

Art.  53.  (i)  Proper  arrangements  shall  be  made  for  ingress  and 
egress  from  the  different  compartments,  decks,  &c. 

(2)  Provision  shall  be  made  for  an  electric  or  other  system  of  light- 
ing, sufficient  for  all  requirements  of   safety,  in  the  different  parts  of 
both  new  and  existing  ships,  and  particularly  upon  the  decks  on  which 
the  life-boats  are  stowed.     On  new  ships  there  must  be  a  self-contained 
source  capable  of  supplying,  when  necessary,  this  safety  lighting  system, 
and  placed  in  the  upper  parts  of  the  ship,  as  high  as  practically  possible. 

(3)  The  exit  from  every  compartment  must  always  be  lighted  by  an 
emergency  lamp,  which  shall  be  kept  locked,  and  which  shall  be  inde- 
pendent of  the  ordinary  lighting  of  the  ship.     These  emergency  lamps 
must  be   supplied   from  the  independent   installation  referred  to  in  the 
preceding  paragraph,  if  an  independent  circuit  is  employed  for  this  pur- 
pose and  if  this  installation  works  concurrently  with  the  ordinary  light- 
ing of  the  ship. 


204  INTERNATIONAL  RELATIONS 

CERTIFIED  LIFEBOATMEN — MANNING  THE  BOATS 

Art.  54.  There  must  be,  for  each  boat  or  raft  required,  a  minimum 
number  of  certified  lifeboatmen.  The  minimum  total  number  of  certified 
lifeboatmen  is  determined  by  the  provisions  of  article  XLVII.  of  the 
annexed  regulations. 

The  allocation  of  the  certified  lifeboatmen  to  each  boat  and  raft  re- 
mains within  the  discretion  of  the  master,  according  to  the  circumstances. 

By  "certified  lifeboatmen"  is  meant  any  member  of  the  crew  who  holds 
a  certificate  of  efficiency  issued  under  the  authority  of  the  administra- 
tion concerned,  in  accordance  with  the  conditions  laid  down  in  the  afore- 
mentioned article  of  the  annexed  regulations. 

Article  XL VIII.  of  the  regulations  deals  with  the  manning  of  the  boats. 

FIRE  PROTECTION 

Art.  55.  (i)  The  carriage,  either  as  cargo  or  ballast,  of  goods  which 
by  reason  of  their  nature,  quantity,  or  mode  of  stowage,  are,  either  singly 
or  collectively,  likely  to  endanger  the  lives  of  the  passengers  or  the  safety 
of  the  ship,  is  forbidden. 

This  provision  does  not  apply  to  the  ship's  distress  signals,  nor  to  the 
carriage  of  military  or  naval  stores  for  the  public  service  of  the  state 
under  authorized  conditions. 

(2)  The  government  of  each  high  contracting  party  shall,  from  time 
to   time  by  official  notice,  determine  what  goods  are  to  be  considered 
dangerous  goods,  and  shall  indicate  the  precautions  which  must  be  taken 
in  the  packing  and  stowage  thereof. 

(3)  Article  XLIX.  of  the  annexed  regulations  indicates  the  arrange- 
ment to  be  made  for  the  detection  and  extinction  of  fire. 

MUSTER  ROLLS  AND  DRILLS 

Art.  56.  Special  duties  for  the  event  of  an  emergency  shall  be  allotted 
to  each  member  of  the  crew. 

The  muster  list  shall  show  all  these  special  duties,  and  shall  indicate, 
in  particular,  the  station  to  which  each  man  must  go,  and  the  duties  that 
he  has  to  perform. 

Before  the  vessel  sails,  the  muster  list  shall  be  drawn  up  and  exhibited, 
and  the  proper  authority  shall  be  satisfied  that  the  muster  list  has  been 
prepared  for  the  ship.  It  shall  be  posted  in  several  parts  of  the  ship, 
and  in  particular  in  the  crew's  quarters. 

Articles  L.  and  LI.  of  the  annexed  regulations  indicates  the  conditions 
under  which  musters  of  the  crew  and  drills  shall  take  place. 

CHAPTER  VII — SAFETY  CERTIFICATES 

Art.  57.  A  certificate,  called  a  "safety  certificate,"  shall  be  issued, 
after  inspection  and  survey,  to  every  ship  which  complies  in  an  efficient 
manner  with  the  requirements  of  the  convention. 


COMMON  PROPERTY  OF  ALL  NATIONS  205 

The  inspection  and  survey  of  ships,  so  far  as  regards  the  enforcement 
of  the  provisions  of  this  convention  and  the  annexed  regulations,  shall  be 
carried  out  by  officers  of  the  state  to  which  the  ship  belongs;  provided 
always  that  the  government  of  each  state  may  entrust  the  inspection  and 
survey  of  ships  of  its  own  country  either  to  surveyors  nominated  by  it 
for  this  purpose  or  to  organizations  recognized  by  it.  In  every  case  the 
government  concerned  fully  guarantees  the  completeness  and  efficiency 
of  the  inspection  and  survey. 

The  safety  certificate  shall  be  issued  either  by  the  officers  of  the  state  to 
which  the  ship  belongs,  or  by  any  other  person  duly  authorized  by  that 
state.  In  either  case  the  state  to  which  the  ship  belongs  assumes  full 
responsibility  for  the  certificate. 

Art.  58.  The  safety  certificate  shall  be  drawn  up  in  the  official  lan- 
guage or  languages  of  the  state  by  which  it  is  issued. 

The  form  of  the  certificate  shall  be  that  of  the  model  given  in  article 
LII.  of  the  regulations  annexed  hereto.  The  arrangement  of  the  printed 
part  of  this  standard  certificate  shall  be  exactly  reproduced,  and  the 
particulars  inserted  by  hand  shall  be  inserted  in  Roman  characters  and 
Arabic  figures. 

The  high  contracting  parties  undertake  to  communicate  one  to  another 
a  sufficient  number  of  specimens  of  their  safety  certificates  for  the  in- 
formation of  their  officers.  This  exchange  shall  be  made  so  far  as  pos- 
sible, before  the  ist  April,  1915. 

Art.  59.  The  safety  certificate  shall  not  be  issued  for  a  period  of 
more  than  twelve  months. 

If  the  ship  is  not  in  a  port  of  the  state  to  which  it  belongs  at  the  time 
when  the  period  of  the  validity  of  the  safety  certificate  expires  a  duly 
authorized  officer  of  this  state  may  extend  this  period;  but  such  an  ex- 
tension shall  be  granted  only  for  the  purpose  of  allowing  the  ship  to  com- 
plete its  return  voyage  to  its  own  country,  and  then  only  in  cases  in 
which  it  appears  proper  and  reasonable  to  do  so. 

The  extension  cannot  have  effect  for  more  than  five  months  and  the 
ship  shall  not  thereby  be  entitled  to  leave  its  own  country  again  without 
having  obtained  a  new  certificate. 

Art.  60.  The  safety  certificate  issued  under  the  authority  of  a  con- 
tracting state  shall  be  accepted  by  the  governments  of  the  other  contract- 
ing states  for  all  purposes  covered  by  this  convention.  It  shall  be  re- 
garded by  the  governments  of  the  other  contracting  states  as  having  the 
same  force  as  the  certificates  issued  by  them  to  their  ships. 

Art.  6l.  Every  ship  holding  a  safety  certificate  issued  by  the  officers 
of  the  contracting  state  to  which  it  belongs,  or  by  persons  duly  author- 
ized by  that  state,  is  subject  in  the  ports  of  the  other  contracting  states 
to  control  by  officers  duly  authorized  by  their  governments  in  so  far  as 
this  control  is  directed  towards  verifying  that  there  is  on  board  a  valid 


206  INTERNATIONAL  RELATIONS 

safety  certificate,  and,  if  necessary,  that  the  conditions  of  the  vessel's  sea- 
worthiness correspond  substantially  with  the  particulars  of  that  certifi- 
cate; that  is  to  say,  so  that  the  ship  can  proceed  to  sea  without  danger 
to  the  passengers  and  crew. 

Art.  62.  The  privileges  of  the  convention  may  not  be  claimed  in  favor 
of  any  ship  unless  it  holds  a  proper  valid  safety  certificate. 

Art.  63.  If,  in  the  course  of  a  particular  voyage,  the  ship  has  on  board 
a  number  of  passengers  less  than  the  maximum  number  indicated  in 
the  safety  certificate,  and  is,  in  consequence,  in  accordance  with  the 
provisions  of  this  convention  free  to  carry  a  smaller  number  of  life-boats 
and  other  life-saving  appliances  than  that  stated  in  the  aforementioned 
certificate,  a  memorandum  may  be  issued  by  the  officers  or  other  author- 
ized persons  referred  to  in  articles  57  (paragraph  3)  and  59  above. 

This  memorandum  shall  state  that  in  the  circumstances  there  is  no  in- 
fringement of  the  provisions  of  the  convention.  It  shall  be  annexed  to 
the  safety  certificate  and  shall  be  substituted  for  it  in  so  far  as  the  life- 
saving  appliances  are  concerned.  It  shall  be  valid  only  for  the  particular 
voyage  in  regard  to  which  it  is  issued. 

CHAPTER  VII — GENERAL 

Art.  64.  The  governments  of  the  high  contracting  parties  undertake 
to  communicate  mutually,  in  addition  to  the  documents  which,  in  this 
convention,  are  the  subject  of  special  provisions  to  that  effect,  all  infor- 
mation which  they  possess  affecting  safety  of  life  on  those  of  their  ships 
which  are  subject  to  the  rules  of  this  convention,  provided  always  that 
such  information  is  not  of  a  confidential  nature. 

They  will  communicate  to  each  other  in  particular: 

(1)  The  text  of  laws,  decrees  and  regulations  which  shall  have  been 
promulgated  on  the  various  matters  within  the  scope  of  the  convention; 

(2)  The  description  of  the  characteristics  of  new  appliances  approved 
in  administering  the  rules  of  the  convention; 

(3)  All  official  reports,  or  official  summaries  of  reports,  in  so  far  as 
they  show  the  results  of  the  provisions  of  this  convention. 

Until  other  arrangements  may  be  made,  the  British  government  is  in- 
vited to  serve  as  intermediary  for  collecting  all  this  information  and  for 
bringing  it  to  the  knowledge  of  the  governments  of  the  contracting  parties. 

Art.  65.  The  high  contracting  parties  undertake  to  take,  or  to  pro- 
pose to  their  respective  legislatures,  the  measures  necessary  for  the  re- 
pression of  infractions  of  the  requirements  imposed  by  this  convention. 

The  high  contracting  parties  will  communicate  mutually,  as  soon  as 
possible,  the  laws  and  regulations  which  are  issued  for  this  purpose. 

Art.  66.  The  high  contracting  parties  which  intend  the  convention  to 
apply  to  the  whole  of  their  colonies,  possessions  and  protectorates,  or  to 
one  or  to  some  of  these  countries,  shall  declare  their  intention  either  at 


COMMON  PROPERTY  OF  ALL  NATIONS  207 

the  time  of  signing  these  presents  or  subsequently.  To  this  effect  they 
shall  be  able  either  to  make  a  general  declaration  embracing  the  whole 
of  their  colonies,  possessions  and  protectorates,  or  to  enumerate  by  name 
the  countries  or  alternatively,  to  enumerate  by  name  those  which  they 
intend  to  be  excepted. 

This  declaration,  unless  it  be  made  at  the  time  of  signing  this  con- 
vention, shall  be  made  in  writing  to  the  government  of  Great  Britain,  and 
communicated  by  the  latter  government  to  all  the  governments  of  the 
other  states  parties  to  the  convention. 

The  high  contracting  parties  may  also  in  the  same  way,  provided  that 
they  comply  with  the  provisions  of  article  69  hereafter,  denounce  this 
convention  as  regards  their  colonies,  possessions  and  protectorates,  or 
one  or  some  of  those  countries. 

Art.  67.  The  states  which  are  not  parties  to  this  convention  shall  be 
allowed  to  accede  thereto  at  their  request.  Their  accession  shall  be  noti- 
fied through  the  diplomatic  channel  to  the  Government  of  Great  Britain, 
and  by  the  latter  to  the  governments  of  the  other  states  parties  to  the 
convention. 

This  acceptance  will  carry  the  full  acceptance  of  all  the  obligations 
imposed  by  this  convention  and  the  full  right  to  all  the  privileges  specified 
therein.  It  will  have  full  and  complete  effect  two  months  after  the  date 
on  which  notification  of  the  accession  is  sent  by  the  government  of  Great 
Britain  to  the  other  governments  of  the  states  which  are  parties  to  the 
convention,  unless  a  later  date  had  been  proposed  by  the  acceding  state. 

The  governments  of  the  states  which  accede  to  the  present  convention 
shall  annex  to  their  declaration  of  accession  the  schedule  provided  for 
by  article  3  of  this  convention.  This  schedule  shall  be  added  to  those 
already  deposited  by  the  other  governments.  The  British  government 
shall  transmit  a  copy  thereof  to  the  other  governments. 

Art.  68.  The  treaties,  conventions  and  arrangements  concluded  prior  to 
to  this  convention  shall  continue  to  have  full  and  complete  effect,  as 
regards : 

(1)  Ships  excepted  from  the  convention; 

(2)  Ships  to  which   it  applies,   in  respect  of   subjects   for  which  the 
convention  has  not  expressly  provided. 

It  is  understood  that,  the  subject  of  this  convention  being  safety  of 
life  at  sea,  questions  relating  to  the  health  and  well-being  of  passengers, 
and  in  particular  of  immigrants,  as  well  as  other  matters  relative  to  their 
transport,  continue  subject  to  the  legislation  of  the  different  states. 

Art.  69.  This  convention  shall  come  into  force  on  the  ist  July,  1915, 
and  shall  remain  in  force  without  any  prescribed  limit  of  time.  Never- 
theless, each  high  contracting  party  may  denounce  the  convention  at  any 
time  after  an  interval  of  five  years  from  the  date  on  which  the  conven- 
tion comes  into  force  in  that  state. 


208  INTERNATIONAL  RELATIONS 

This  denunciation  shall  be  notified  through  the  diplomatic  channel  to 
the  government  of  Great  Britain  and  by  the  latter  to  the  governments 
of  the  other  contracting  parties.  It  shall  take  effect  twelve  months  after 
the  day  on  which  the  notification  is  received  by  the  government  of  Great 
Britain. 

A  denunciation  shall  only  affect  the  state  which  makes  it,  the  conven- 
tion remaining  fully  and  completely  operative  as  regards  all  the  other 
states  which  have  ratified  it,  or  which  have  acceded  thereto  or  which 
thereafter  accede  thereto. 

Art.  70.  This  convention  with  the  regulations  annexed  thereto  shall 
be  drawn  up  in  a  single  copy  which  shall  be  deposited  in  the  archives  of 
the  government  of  Great  Britain.  A  true  and  certified  copy  shall  be  de- 
livered by  the  latter  to  each  of  the  governments  of  the  high  contracting 
parties. 

Art.  71.  This  convention  shall  be  ratified  and  the  instruments  of  rati- 
fication, accompanied  by  the  schedules  specified  in  article  3,  shall  be  de- 
posited at  London  not  later  than  the  3ist  December,  1914.  The  British 
government  shall  give  notice  of  the  ratifications  and  shall  furnish  a  copy 
of  each  schedule  to  the  governments  of  the  other  contracting  parties. 

Notwithstanding  a  failure  to  ratify  on  the  part  of  a  high  contracting 
party,  the  convention  shall  continue  to  have  full  and  complete  effect 
as  regards  the  contracting  parties  which  ratify  it. 

Art.  72.  To  render  ratification  easier  for  a  contracting  state  which, 
prior  to  the  date  of  signature  of  this  convention,  has  laid  down  require- 
ments in  regard  to  any  matter  within  the  scope  of  this  convention,  it  is 
agreed  that  no  ship  which  has  complied  with  those  requirements  before 
the  ist  July,  1915,  may  avail  itself  of  the  periods  of  grace  allowed  by  the 
convention  in  order  to  cease  to  comply  with  those  requirements. 

Art.  73.  Where  this  convention  provides  that  a  measure  may  be  taken 
after  agreement  between  all  or  some  of  the  contracting  states,  the  Gov- 
ernment of  His  Britannic  Majesty  is  invited  to  approach  the  said  states 
with  a  view  to  ascertaining  whether  they  accept  the  proposals  made  by 
one  of  these  states  for  effecting  such  a  measure.  The  Government  of 
His  Britannic  Majesty  will  make  known  to  the  contracting  states  the 
result  of  the  enquiries  which  it  thus  makes. 

A  state  from  which  observations  on  the  proposals  in  question  do  not 
reach  His  Britannic  Majesty's  Government  within  six  months  from  the 
communication  of  these  proposals  will  be  presumed  to  acquiesce  therein. 

Art.  74.  This  convention  may  be  modified  at  subsequent  conferences, 
of  which  the  first  shall  be  held,  if  necessary,  in  1920.  The  place  and 
time  of  these  conferences  shall  be  fixed  by  common  consent  by  the  gov- 
ernments of  the  high  contracting  parties. 

The  governments  may,  through  the  diplomatic  channel,  introduce  into 
this  convention,  by  common  consent  and  at  any  time,  improvements  which 
may  be  judged  useful  or  necessary. 


COMMON  PROPERTY  OF  ALL  NATIONS  209 

In  witness  whereof  the  plenipotentiaries  have  signed  hereafter. 
Done  at  London,  2Oth  January,  I9I4.10 

The  regulations  annexed  to  the  foregoing  convention  are 
very  full  and  technical,  occupying  37  pages  of  the  English 
statute  book.11  The  statute  to  which  the  convention  and 
regulations  are  appended  as  schedules  covers  fourteen  pages 
and  gives  authority  to  the  Board  of  Trade  to  make  further 
rules  to  carry  out  the  provisions  of  the  convention  on  the  part 
of  Great  Britain.12  The  provisions  of  the  statute  relating  to 
manning,  construction  and  equipment  of  passenger  steamers  are 
made  to  also  apply  to  foreign  ships  and  British  ships  not  regis- 
tered in  the  United  Kingdom,  which  come  into  or  proceed  to 
sea  from  a  port  in  the  United  Kingdom,  in  the  same  manner 
as  if  the  ship  were  registered.  The  provisions  of  the  act  and 
the  rules  made  thereunder  are  made  to  apply  to  all  British 
possessions  other  than  India,  Canada,  Australia,  New  Zealand, 
South  Africa,  and  Newfoundland.13  Provision  is  also  made 
for  orders  in  council  concerning  the  application  and  enforce- 
ment of  the  act  in  the  British  possessions. 

Notwithstanding  the  great  work  done  by  the  governments 
which  have  participated  in  the  formulation  of  these  conven- 
tions, rules  and  regulations,  the  need  of  a  representative  body, 
empowered  to  speak  for  all  the  nations  and  to  decide  questions 
as  to  which  there  is  disagreement  is  very  apparent.  The 
rapidity  with  which  new  inventions  have  revolutionized  the 
means  of  intercommunication  and  the  probability  of  further 
changes  in  conditions  affecting  navigation  render  it  necessary 
to  revise,  amend  and  repeal  the  laws  of  the  sea  from  time  to 
time.  It  is  manifestly  of  prime  importance  that  all  rules  re- 
lating to  signals  and  calls  should  be  uniform  and  uniformly 
enforced.  At  present  each  state  is  free  to  adopt  or  refuse  the 
regulations  proposed  by  others,  no  matter  how  useful  or  neces- 
sary they  may  be.  Each  party  to  a  convention  may  denounce 

10  Chitty's  Statutes,  4  &  5  Geo.  5,  c.  50,  pp.  363  to  379- 

11  Chitty's  Statutes,  18,  361  to  416. 

12  Id.  346  to  361. 

13  Id.  359,  4i6. 


2io  INTERNATIONAL  RELATIONS 

it  and  be  released  from  its  obligations.  If  there  is  disagree- 
ment as  to  the  meaning  of  any  provision  of  a  convention  there 
is  no  tribunal  to  decide  the  question.  Though  the  commer- 
cial nations  are  keenly  alive  to  the  necessity  for  laws  of  the  sea 
and  in  fact  enforce  so  many  important  regulations,  they  can- 
not fill  the  need  by  separate  action.  When  their  ships  meet  in 
mid-ocean  each  sails  in  accordance  with  the  laws  of  its  own 
country.  Unless  these  laws  correspond  there  is  no  law  of 
safety  for  them,  for  diversity  in  signals  would  result  in  mis- 
understandings and  disaster. 

The  foregoing  conventions  and  regulations  do  not  meet  all 
the  requirements  of  commerce  for  safety  on  the  sea.  While 
charts  of  the  coasts  of  the  leading  nations  have  been  made 
and  while  lights  and  buoys  mark  some  of  the  dangers  and 
indicate  some  of  the  safe  routes  to  be  followed,  there  are 
numberless  rocks,  reefs,  and  dangers  in  remote  and  un- 
frequented places  that  are  not  disclosed  by  charts  nor  indicated 
by  any  warning  sign.  There  are  numberless  dangerous  ob- 
stacles that  might  be  removed  and  places  needing  lights  and 
other  warnings  of  danger.  To  meet  the  needs  of  all  the  com- 
bined aid  of  all  is  required.  The  Suez  and  Panama  canals 
illustrate  the  advantages  to  be  gained  by  removal  of  obstacles 
to  navigation  interposed  by  nature.  No  limit  can  be  placed  to 
the  possible  achievements  of  a  combination  of  all  the  nations 
for  the  improvement  of  the  ocean  routes  with  incidental  re- 
moval of  obstacles  interposed  by  land. 

ENTRY  IN  THE  PORT  OF  DESTINATION. 

Having  entered  the  territorial  waters  of  the  country  to 
which  the  ship  sailed,  the  ship  still  carries  with  it  the  law  of 
its  own  country  so  far  as  it,  the  crew,  and  cargo  are  concerned, 
but  it  also  becomes  subject  to  the  laws  of  the  nation  having 
jurisdiction  over  these  waters.  It  must  conform  to  all  quaran- 
tine regulations  designed  to  guard  against  disease,*  to  all  port 
regulations  designed  for  safety,  and  to  all  the  laws  and  regula- 
tions relating  to  the  discharge  of  its  passengers  and  cargo. 
The  master  of  a  vessel  of  the  United  States  on  arrival  at  a 


COMMON  PROPERTY  OF  ALL  NATIONS  211 

foreign  port  is  required  to  deposit  his  register,  sea-letter  and 
Mediterranean  passport  with  the  American  consul  of  the  port, 
to  remain  in  his  custody  until  the  master  produces  to  him  a 
clearance  from  the  proper  officer  of  the  port.14  To  obtain  this 
clearance  he  must  comply  with  the  laws  and  regulations  of  the 
country  the  port  is  in.  A  vessel  arriving  in  a  port  of  the 
United  States  must  produce  to  the  collector  of  the  port  the 
register,  clearance  and  other  papers  granted  to  the  foreign 
vessel  at  her  departure  from  the  port  from  which  she  has  ar- 
rived, and  the  master  must  within  forty-eight  hours  after  such 
entry  deposit  these  papers  with  the  consul  of  the  nation  to 
which  the  ship  belongs  and  deliver  to  the  collector  the  cer- 
tificate of  the  consul  that  the  papers  have  been  so  deposited.15 
Having  complied  with  all  quarantine  and  other  port  regula- 
tions, before  the  cargo  of  the  ship  can  be  unloaded  the  owner, 
consignee,  or  his  agent  must  within  fifteen  days  after  the  re- 
port of  the  master  to  the  collector  of  the  district,  make  entry 
thereof,  specifying  the  name  of  the  vessel  and  of  her  master, 
the  port  or  place  from  which  the  merchandise  was  imported, 
the  marks,  numbers,  denominations,  and  prime  cost,  including 
charges  of  each  particular  package  or  parcel  whereof  the  entry 
shall  consist,  or,  if  in  bulk,  the  quantity,  quality,  and  prime 
cost,  and  must  also  produce  the  original  invoices  of  the  mer- 
chandise with  the  bills  of  lading  for  the  same.16  No  merchan- 
dise shall  be  brought  into  the  United  States,  from  any  foreign 
port,  in  any  vessel  unless  the  master  has  on  board  manifests  in 
writing  of  the  cargo,  signed  by  such  master."17  The  regula- 
tions relating  to  invoices,  manifests,  bills  of  lading,  change  of 
destination  and  other  matters  concerning  owners,  consignees, 
and  their  agents  are  very  full  and  occupy  many  pages  of  the 
statutes.  Having  complied  with  all  these  requirements  and 
paid  or  secured  the  payment  of  the  duties  on  the  merchandise, 
the  collector  may  grant  a  permit  to  deliver  the  merchandise.18 

"Compiled  Statutes  of  the  United  States,  1918,  §  8055. 

15  Id.  §  7800. 

16  Compiled  Statutes  of  the  United  States,  1918,  §  5481. 

17  Revised  Statutes  of  the  United  States,  §  2806. 

18  Compiled  Statutes  of  the  United  States,  1918,  §  5557. 


212  INTERNATIONAL  RELATIONS 

Provisions  are  made  for  storage  of  goods  in  government  ware- 
houses and  for  transportation  of  merchandise  in  bond  to  in- 
terior ports.  The  government  of  the  United  States  has,  from 
the  earliest  times,  collected  a  very  large  part  of  its  revenue 
from  duties  on  imports,  and  the  title  in  the  Compiled  Statutes 
of  "Collection  of  Duties  upon  Imports"  fills  72  large,  closely 
printed  pages.19 

Since  the  repeal  of  the  corn  laws  in  1846  Great  Britain  has 
been  the  most  liberal  in  the  admission  of  foreign  merchandise 
without  the  payment  of  duties  of  all  the  countries  in  the  world, 
and  has  also  been  the  leading  commercial  nation.  Most  of 
the  other  great  nations  derive  a  considerable  part  of  tfteir  re- 
venues from  duties  on  imports,  and  each  has  its  own  system 
of  collecting  them.  There  is  great  diversity  in  the  theories 
under  which  these  taxes  on  imports  are  levied  in  the  different 
countries  ranging  all  the  way  from  a  small  revenue  tariff  to 
prohibitive  protection  of  domestic  competitors.  Each  nation 
is  recognized  as  having  full  right  to  impose  either  import  or 
export  duties  on  merchandise  as  it  sees  fit,  even  though  the 
result  is  to  exclude  foreign  goods  from  its  markets  or  pre- 
vent foreign  countries  from  buying  its  products.  The  gen- 
eral claim  of  nations  in  this  regard  is  that  they  be  treated  as 
well  as  any  other  nation,  and  a  common  provision  to  this  effect, 
termed  the  favored  nation  clause,  is  usually  inserted  in  com- 
mercial treaties. 

On  the  arrival  in  a  port  of  the  United  States  of  a  vessel  from 
a  foreign  port  the  master  is  prohibited  from  allowing  any  per- 
son except  a  pilot,  officer  of  the  customs,  health  officer,  agent 
of  the  vessel  or  consul  to  come  on  board  or  leave  the  vessel 
until  it  has  been  taken  in  charge  by  an  officer  of  the  customs, 
nor  afterwards  without  leave  of  such  officer  until  all 
the  passengers  with  their  baggage  have  been  duly  landed.20 
The  master  must  submit  to  the  officer  of  customs  who  first 
makes  demand  therefor  for  inspection,  and  shall  subsequently 
deliver  with  his  manifest  of  the  cargo  on  entry,  a  correct  list, 

19  Id.  pp.  847  to  919. 

20  Compiled  Statutes  of  the  United  States,  1918,  §  8006. 


COMMON  PROPERTY  OF  ALL  NATIONS  213 

signed  and  verified  on  oath  by  the  master,  of  all  passengers 
taken  on  board  the  vessel  at  any  foreign  port  or  place,  giving 
the  name,  age,  sex,  and  other  detailed  information  in  the  man- 
ner prescribed  by  the  Secretary  of  Commerce  and  Labor.21 
The  admission  of  immigrants  is  regulated  in  much  detail  by 
statute,  with  the  general  purpose  of  excluding  persons  deemed 
undesirable,  without  restricting  the  immigration  of  Eu- 
ropeans who  are  sound  mentally,  physically  and  morally.22 
When  admitted  into  the  United  States,  the  immigrant  may 
come  and  go  within  its  boundaries  when  and  where  he  will 
as  freely  as  a  citizen.  Each  nation  has  its  own  laws  and  regu- 
lations concerning  the  admission  of  foreigners  and  the  con- 
ditions on  which  they  may  travel  from  place  to  place  within  the 
country.  A  traveler  from  one  country  to  another  is  generally 
required  to  carry  a  passport  issued  by  authority  of  his  govern- 
ment. The  Secretary  of  State  of  the  United  States  issues 
the  passports  to  citizens  and  others  going  abroad  from  this 
country,  and  the  diplomatic  representatives,  and  in  their  ab- 
sence the  consular  officers  of  the  United  States  in  foreign 
countries,  may  issue  passports  in  the  countries  to  which  they 
are  accredited.23 

In  their  practical  operation  those  provisions  of  the  con- 
stitution of  the  United  States  which  give  the  citizens  of  each 
state  "all  privileges  and  immunities  of  citizens  of  the  several 
states"  and  secure  freedom  of  commerce  between  the  states 
have  proved  to  be  of  the  greatest  value.  Many  obstacles  of 
race  prejudice,  inherited  animosity,  and  national  greed  and 
narrowness  of  view  must  be  overcome  before  similar  freedom 
can  be  accorded  to  the  people  of  each  of  the  nations  of  the 
earth  with  reference  to  every  other  nation.  The  sea  can  never 
be  wholly  free  without  freedom  of  access  to  the  adjacent  lands. 

The  right  to  freely  navigate  the  open  sea  is  of  little  value 
without  free  passage  to  and  from  the  sea  over  intervening 
water-ways.  Very  many  claims  have  been  made  to  dominion 
over  rivers  and  more  or  less  definitely  inclosed  bodies  of  water. 

21  Id.  §  8010. 

22  Id.  Title  XXIX. 

23  Id.  §  7623. 


214  INTERNATIONAL  RELATIONS 

Access  to  the  Baltic  Sea  was  for  a  long  time  denied  by  Den- 
mark except  on  terms  of  payment  of  dues.  These  were  finally 
done  away  with  by  treaty.24  Turkey  has  long  held  both  shores 
of  the  Dardanelles  and  Bosphorus,  thereby  controlling  the  en- 
trance to  the  Black  Sea.  Though  open  to  commerce  in  times 
of  peace  the  passage  has  been  closed  during  the  great  war. 
Many  great  rivers,  the  Rhine,  the  Danube,  the  St.  Lawrence, 
the  Mississippi,  the  La  Plata  and  the  Amazon,  and  others  of 
less  size  but  equal  importance  to  the  nations  concerned,  have 
been  subjected  to  claims  of  the  riparian  proprietors  of  the 
lower  reaches  of  them  to  exclusive  right  of  navigation  within 
their  territorial  limits.  With  few  if  any  exceptions  these 
rivers  have,  by  international  agreements,  been  opened  to  navi- 
gation by  all  the  nations  whose  territories  they  touch,  subject 
to  regulations  and  moderate  dues  imposed  by  the  governments 
having  jurisdiction  over  them.25 

The  Suez  canal,  connecting  the  Mediterranean  and  Red 
seas,  and  thus  affording  a  short  route  from  Europe  to  Asia, 
and  the  Panama  canal  connecting  the  Atlantic  and  Pacific 
oceans  stand  on  a  somewhat  different  footing  from  natural 
water-ways.  They  were  constructed  on  land  which  was  ap- 
propriated as  the  exclusive  property  of,  and  at  the  expense  of, 
the  proprietors.  Under  no  accepted  theory  of  international  or 
private  law  can  it  be  claimed  that  they  are  the  common  prop- 
erty of  all  nations,  yet  all  nations  need  the  facilities  they  afford 
for  the  accommodation  of  their  shipping.  When  all  the  na- 
tions combine  for  mutual  welfare  the  doctrine  of  eminent 
dominion  may,  perhaps  be  invoked  to  make  these  artificial 
channels  free  to  all,  on  payment  of  their  fair  value  to  the 
owners. 

PIRACY 

Until  very  recent  times  the  dangers  to  merchant  ships  from 
piratical  attacks  were  at  some  times  and  in  some  seas  very  con- 
siderable. Piracy  is  defined  as  acts  of  robbery  and  depreda- 
tion upon  the  high  seas  which,  if  committed  on  land,  would 

24  Taylor  Int.  Law,  280. 

25  Id.  282  to  288. 


COMMON  PROPERTY  OF  ALL  NATIONS  215 

have  amounted  to  felony  there,20  and  a  pirate  as  one  who  roves 
the  sea  in  an  armed  vessel,  without  commission  from  any 
sovereign  state,  on  his  own  authority,  and  for  the  purpose  of 
seizing  by  force,  and  appropriating  to  himself,  without  dis- 
crimination, every  vessel  he  may  meet.27  Various  acts  not  fall- 
ing strictly  within  these  definitions  have  been  declared  piracy 
by  statutes  in  Great  Britain  and  the  United  States  and  in  other 
countries.  The  essential  difference  between  the  hostile  acts 
committed  by  pirates  and  by  privateers  and  war  ships  is  that 
the  former  act  without  governmental  authority,  on  their  own 
personal  initiative,  while  the  latter  act  under  the  authority  of 
a  recognized  government.  The  pirate  is  regarded  as  the  enemy 
of  all  mankind,  and,  as  he  has  no  right  to  display  the  flag  of 
any  nation,  he  is  without  protection  from  any  government  and 
subject  to  the  authority  of  any  nation  that  can  capture  or  de- 
stroy him.  His  character  being  established  there  is  no  basis 
for  international  complications  in  dealing  with  him.  Pirates 
have  at  times  had  something  approaching  a  national  organi- 
zation. The  earliest  appearances  of  the  Norsemen  from  the 
Scandinavian  peninsula  in  the  more  southern  states  of  Europe 
was  as  pirates,  pillaging  all  with  whom  they  came  in  contact. 
Their  kinsmen,  the  Danes,  were  so  classed  when  they  made 
their  first  inroads  into  England.  The  Algerines  preyed  on  the 
commerce  of  the  Mediterranean  indiscriminately  during  the 
early  part  of  the  nineteenth  century,  under  the  direction  of 
the  Dey.  The  land  bases  from  which  pirates  conduct  their 
operations  are  necessarily  located  in  places  not  subject  to  effi- 
cient government.  From  very  early  times  in  the  history  of 
America  the  West  India  islands  and  the  coasts  of  the  Carri- 
bean  Sea  and  Gulf  of  Mexico  were  favorite  resorts  for  pirates, 
some  of  whom  were  very  successful  in  preying  on  the  com- 
merce passing  through  the  Sea,  Gulf  and  neighboring  part  of 
the  Atlantic.  This  condition  continued  down  to  the  time  of  the 
administration  of  President  Monroe,  with  occasional  instances 
since  that  time.  In  his  message  to  Congress  December  7,  1824, 
he  said — "The  force  employed  in  the  Gulf  of  Mexico  and  in 

26  Blackstone's  Commentaries,  4,  72. 

27  Anderson's  Law  Die. 


216  INTERNATIONAL  RELATIONS 

the  neighboring  seas  for  the  suppression  of  piracy  has  likewise 
been  preserved  essentially  in  the  state  in  which  it  was  during 
the  last  year.  A  persevering  effort  has  been  made  for  the  ac- 
complishment of  that  object  and  much  protection  has  thereby 
been  afforded  to  our  commerce,  but  still  the  practice  is  far 
from  being  suppressed.  From  every  point  of  view  which  has 
been  taken  of  the  subject  it  is  thought  that  it  will  be  necessary 
rather  to  augment  than  to  diminish  our  force  in  that  quarter. 
There  is  reason  to  believe  that  the  piracies  now  complained  of 
are  committed  by  bands  of  robbers  who  inhabit  the  land,  and 
who,  by  preserving  good  intelligence  with  the  towns  and  seeing 
favorable  opportunities,  rush  forth  and  fall  on  unprotected 
merchant  vessels  of  which  they  make  an  easy  prey.  The  pil- 
lage thus  taken  they  carry  to  their  lurking  places  and  dispose 
of  afterwards  at  prices  tending  to  seduce  the  neighboring 
population.  The  combination  is  understood  to  be  of  great 
extent,  and  is  the  more  to  be  deprecated  because  the  crime  of 
piracy  is  often  attended  with  the  murder  of  the  crews,  these 
robbers  knowing  if  any  survived  their  lurking  places  would 
be  exposed  and  they  be  caught  and  punished.  That  this  atro- 
cious practice  should  be  carried  to  such  an  extent  is  cause  of 
equal  surprise  and  regret.  It  is  presumed  that  it  must  be  at- 
tributed to  the  relaxed  and  feeble  state  of  the  local  govern- 
ments since  it  is  not  doubted,  from  the  high  character  of  the 
governor  of  Cuba,  who  is  well  known  and  much  respected  here, 
that  if  he  had  the  power  he  would  promptly  suppress  it. 
Whether  those  robbers  should  be  pursued  on  land,  the  local 
authorities  be  made  responsible  for  these  atrocities,  or  any 
other  measures  be  resorted  to  to  suppress  them  is  submitted  to 
the  consideration  of  Congress."28  In  a  special  message  to 
Congress  on  the  same  subject  on  January  13,  1825,  President 
Monroe  asked  authority  to  pursue  offenders  to  the  settled  part 
of  the  island,  make  reprisal  on  the  inhabitants  or  blockade 
the  ports,  as  might  be  found  necessary.29  The  next  year  Presi- 
dent Adams,  in  his  annual  message  of  December  3,  1826, 
says — "The  piracies  with  which  the  West  India  seas  were  for 

28  Messages  and  Papers  of  the  Presidents,  II.  826. 
z9  Id.  846.. 


COMMON  PROPERTY  OF  ALL  NATIONS  217 

several  years  infested  have  been  totally  suppressed,  but  in  the 
Mediterranean  they  have  increased  in  a  manner  afflictive  to 
other  nations,  and  but  for  the  continued  presence  of  our  squad- 
ron would  probably  have  been  distressing  to  our  own."3  Un- 
der Jackson  a  nest  of  pirates  in  Sumatra  who  had  attacked 
American  ships  was  destroyed,31  In  recent  years  there  have 
been  no  reports  of  piracies,  but  the  great  war  has  witnessed  a 
destruction  of  merchant  ships  by  submarines  which  renders  all 
the  robberies  and  depredations  wrought  by  all  the  pirates  that 
ever  operated  within  historic  times  quite  insignificant  in  com- 
parison with  it.  This  destruction  has  not  been  merely  inci- 
dental to  robbery,  but  has  been  wanton  for  the  avowed  pur- 
pose of  destroying  food  and  other  supplies  destined  to  or  from 
the  ports  of  the  enemy.  The  essential  quality  of  the  acts  of 
belligerents  in  preying  on  the  commerce  of  the  enemy  and  of 
pirates  preying  on  whomsoever  they  can  overcome  are  so  simi- 
lar in  moral  aspects  as  to  be  hard  to  differentiate.  The  Cen- 
tral Powers  in  the  closing  year  of  the  war  preyed  on  the  com- 
merce of  all  the  other  nations  of  the  world,  and  during  the 
course  of  the  war  destroyed  more  seagoing  shipping  than  was 
in  existence  during  the  administration  of  President  Monroe. 
The  statutes  of  the  United  States  relating  to  piracy32  are  still 
in  force  but  of  very  infrequent  application. 

It  is  pleasant  to  pass  from  a  consideration  of  the  crimes  and 
malice  of  pirates  and  belligerents  to  still  another  convention 
designed  to  promote  the  welfare  of  those  who  sail  the  seas 
and  preserve  the  property  subjected  to  the  perils  of  the  ocean. 
The  following  convention  requires  navigators  of  all  nations  to 
be  mutually  helpful,  and  for  the  payment  of  fair  compensation 
to  those  rendering  assistance  in  saving  property. 

CONVENTION  FOR  THE  UNIFICATION  OF  CERTAIN  RULES  WITH  RESPECT  TO 

ASSISTANCE  AND  SALVAGE  AT  SEA 

Article  i.    Assistance  and  salvage  of  seagoing  vessels  in  danger  of  any 
thing  on  board,  of  freight  and  passage  money,  and  also  services  of  the 

30  Id.  929 

31  Id.  1159. 

32  Revised  Statutes  §§  4293  to  4299. 


218  INTERNATIONAL  RELATIONS 

same  nature  rendered  to  each  other  by  seagoing  vessels  and  vessels  of 
inland  navigation  are  subject  to  the  following  provisions,  without  any 
distinction  being  drawn  between  the  two  kinds  of  service  and  in  what- 
ever waters  the  services  have  been  rendered. 

Art.  2.  Every  act  of  assistance  or  salvage  which  has  had  a  useful  re- 
sult gives  a  right  to  equitable  remuneration. 

No  remuneration  is  due  if  the  services  rendered  have  no  beneficial 
result. 

In  no  case  shall  the  sum  to  be  paid  exceed  the  value  of  the  property 
salved. 

Art.  3.  Persons  who  have  taken  part  in  salvage  operations,  notwith- 
standing the  express  and  reasonable  prohibition  on  the  part  of  the  ves- 
sel to  which  services  were  rendered,  have  no  right  to  any  remuneration. 

Art.  4.  A  tug  has  no  right  to  remuneration  for  assistance  to  or  salv- 
age of  the  vessel  she  is  towing  or  of  the  vessel's  cargo  except  where 
she  has  rendered  exceptional  services  which  can  not  be  considered  as 
rendered  in  fulfilment  of  the  contract  of  towage. 

Art.  5.  Remuneration  is  due  notwithstanding  that  the  salvage  services 
have  been  rendered  by  or  to  vessels  belonging  to  the  same  owner. 

Art.  6.  The  amount  of  remuneration  is  fixed  by  agreement  between 
the  parties,  and,  failing  agreement,  by  the  court. 

The  proportion  in  which  the  remuneration  is  to  be  distributed  among 
the  salvors  is  fixed  in  the  same  manner. 

The  apportionment  of  the  remuneration  among  the  owner,  master,  and 
other  persons  in  the  services  of  each  salving  vessel  is  determined  by  the 
law  of  the  vessel's  flag. 

Art.  7.  Every  agreement  as  to  assistance  or  salvage  entered  into  at 
the  moment  and  under  the  influence  of  danger  can,  at  the  request  of 
either  party,  be  annulled  or  modified  by  the  court  if  it  considers  that  the 
conditions  agreed  upon  are  not  equitable. 

In  all  cases,  when  it  is  proved  that  the  consent  of  one  of  the  parties  is 
vitiated  by  fraud  or  concealment,  or  when  the  remuneration  is,  in  pro- 
portion to  the  services  rendered,  in  an  excessive  degree  too  large  or  too 
small,  the  agreement  may  be  annulled  or  modified  by  the  court  at  the 
request  of  the  party  affected. 

Art.  8.  The  remuneration  is  fixed  by  the  court,  according  to  the  cir- 
cumstances of  each  case,  on  the  basis  of  the  following  considerations: 
(a)  First,  the  measure  of  success  obtained,  the  efforts  and  the  deserts  of 
the  salvors,  the  danger  run  by  the  salved  vessel,  by  her  passengers,  crew, 
and  cargo,  by  the  salvors  and  by  the  salving  vessel,  the  time  expended, 
the  expenses  incurred  and  losses  suffered,  and  the  risk  of  liability  and 
other  risks  run  by  the  salvors,  and  also  the  value  of  the  property  ex- 
posed to  such  risks,  due  regard  being  had,  the  case  arising,  to  the  special 
adaptation  of  the  salvor's  vessel;  (b)  second,  the  value  of  the  property 
salved. 


COMMON  PROPERTY  OF  ALL  NATIONS  219 

The  same  provisions  apply  to  the  apportionment  provided  for  by  the 
second  paragraph  of  article  6. 

The  court  may  reduce  or  deny  remuneration  if  it  appears  that  the 
salvors  have  by  their  fault  rendered  the  salvage  or  assistance  necessary, 
or  have  been  guilty  of  theft,  receiving  stolen  goods,  or  other  acts  of  fraud. 

Art.  9.  No  remuneration  is  due  from  the  persons  whose  lives  are 
saved,  but  nothing  in  this  article  shall  affect  the  provisions  of  the  na- 
tional laws  on  this  subject. 

Salvors  of  human  life  who  have  taken  part  in  the  services  rendered 
on  the  occasion  of  the  accident,  giving  rise  to  salvage  or  assistance,  are 
entitled  to  a  fair  share  of  the  remuneration  awarded  to  the  salvors  of 
the  vessel,  her  cargo,  and  accessories. 

Art.  10.  A  salvage  action  is  barred  after  an  interval  of  two  years  from 
the  day  on  which  the  operations  of  assistance  or  salvage  are  terminated. 

The  grounds  upon  which  the  said  period  of  limitation  may  be  suspended 
or  interrupted  are  determined  by  the  law  of  the  court  where  the  case  is 
tried. 

The  High  Contracting  Parties  reserve  to  themselves  the  right  to  pro- 
vide by  legislation  in  their  respective  countries  that  the  said  periods  shall 
be  extended  in  cases  where  it  has  not  been  possible  to  arre.st  the  vessel 
assisted  or  salved  in  the  territorial  waters  of  the  State  in  which  the 
plaintiff  has  his  domicile  or  principal  place  of  business. 

Art.  ii.  Every  master  is  bound,  so  far  as  he  can  do  so  without  serious 
danger  to  his  vessel,  her  crew  and  passengers,  to  render  assistance  to 
everybody,  even  though  an  enemy,  found  at  sea  in  danger  of  being  lost. 

The  owner  of  the  vessel  incurs  no  liability  by  reason  of  the  contraven- 
tion of  the  foregoing  provisions. 

Art.  12.  The  High  Contracting  Parties  whose  legislation  does  not  for- 
bid infringements  of  the  preceding  article  bind  themselves  to  take  or 
propose  to  their  respective  legislatures  the  measures  necessary  for  the 
prevention  of  such  infringements. 

The  high  Contracting  Parties  will  communicate  to  one  another,  as  soon 
as  possible,  the  laws  or  regulations  which  have  already  been  or  may  be 
hereinafter  promulgated  in  their  States  for  the  purpose  of  giving  effect 
to  the  above  undertakings. 

Art.  13.  The  convention  does  not  affect  the  provisions  of  national  laws 
or  international  treaties  as  regards  the  organization  of  services  of  as- 
sistance and  salvage  by  or  under  the  control  of  public  authorities,  nor, 
in  particular,  does  it  affect  such  laws  or  treaties  on  the  subject  of  salvage 
of  fishing  gear. 

Art.  14.  This  convention  does  not  apply  to  ships  of  war  or  to  Gov- 
ernment ships  appropriated  exclusively  to  a  public  service. 

Art.  15.  The  provisions  of  this  convention  shall  be  applied  as  regards 
all  persons  interested  when  either  the  assisting  or  salving  vessel  or  the 


220  INTERNATIONAL  RELATIONS 

vessel  assisted  or  salved  belongs  to  one  of  the  contracting  States,  and  in 
any  other  cases  for  which  the  national  laws  provide. 
Provided  always  that: 

1.  As  regards  persons  interested  who  belong  to  a  noncontracting  State 
the  application  of  said  provisions  may  be  made  subject  by  each  of  the 
contracting  States  to  the  condition  of  reciprocity. 

2.  Where  all  the  persons  interested  belong  to  the  same  state  as  the 
court  trying  the  case,  the  provisions  of  the  national  law  and  not  of  the 
convention  are  applicable. 

3.  Without  prejudice  to  any   wider   provisions   of   any  national   laws, 
article  n  only  applies  as  between  vessels  belonging  to  the  States  of  the 
High  Contracting  Parties. 

Art.  16.  Any  one  of  the  High  Contracting  Parties  shall  have  the  right 
three  years  after  this  convention  comes  into  force  to  call  for  a  fresh 
conference  with  a  view  to  seeking  such  ameliorations  as  may  be  brought 
therein,  and  particularly  with  a  view  to  extending,  if  possible,  the  sphere 
of  its  application. 

Any  power  exercising  this  right  must  notify  its  intention  to  the  other 
powers,  through  the  Belgian  Government,  which  will  see  to  the  conven- 
ing of  the  conference  within  six  months. 

Art.  17.  States  which  have  not  signed  the  convention  are  allowed  to 
adhere  to  it  on  request.  Such  adhesion  shall  be  notified  through  the  diplo- 
matic channel  to  the  Belgian  Government  and  by  the  latter  to  each  of  the 
other  Governments.  It  shall  become  effective  one  month  after  the  send- 
ing of  the  notification  by  the  Belgian  Government. 

Art.  18.    The  convention  shall  be  ratified. 

After  an  interval  of  at  most  one  year  from  the  day  on  which  the  con- 
vention is  signed,  the  Belgian  Government  shall  place  itself  in  communi- 
cation with  the  Governments  of  the  High  Contracting  Parties  which  have 
declared  themselves  prepared  to  ratify  the  convention  with  a  view  to 
deciding  whether  it  is  expedient  to  put  it  in  force. 

The  ratifications  shall,  if  so  decided,  be  deposited  forthwith  at  Brus- 
sels, and  the  convention  shall  come  into  force  a  month  afterwards. 

The  protocol  shall  remain  open  another  year  in  favor  of  the  States 
represented  at  the  Brussels  Conference.  After  this  interval  they  can 
only  adhere  to  it  on  conforming  to  the  provisions  of  Article  17. 

Art.  19.  In  the  case  of  one  or  other  of  the  High  Contracting  Parties 
denouncing  this  convention,  such  denunciation  shall  not  take  effect  until 
a  year  after  the  day  on  which  it  has  been  notified  to  the  Belgian  Gov- 
ernment, and  the  convention  shall  remain  in  force  as  between  the  other 
Contracting  Parties. 

In  witness  whereof  the  plenipotentiaries  of  the  respective  High  Con- 


COMMON  PROPERTY  OF  ALL  NATIONS  221 

tracting  Parties  have  signed  this  convention  and  have  affixed  their  seals 
thereto. 

Done  at  Brussels,  in  a  single  copy,  the  23rd  September,  1910. 

(Signatures).30 

Some  of  the  provisions  of  this  convention  have  been  en- 
acted into  statutory  law  by  the  Congress  of  the  United  States 
and  its  provisions  in  other  particulars  accord  with  the  laws 
of  the  United  States.31  By  the  Act  of  April  14,  1792,  con- 
suls and  vice-consuls  were  charged  with  duties  concerning 
stranded  vessels  as  follows : 

"Consuls  and  vice-consuls,  in  cases  where  vessels  of  the  United  States 
are  stranded  on  the  coasts  of  their  consulates  respectively,  shall,  as  far 
as  the  laws  of  the  country  will  permit,  take  proper  measures,  as  well 
for  the  purpose  of  saving  the  vessels,  their  cargoes  and  appurtenances,  as 
for  storing  and  securing  the  effects  and  merchandise  saved,  and  for  tak- 
ing invoices  thereof :  and  the  merchandise  and  effects  saved,  with  the  in- 
ventories thereof  so  taken,  shall,  after  deducting  therefrom  the  expenses, 
be  delivered  to  the  owners.  No  consul  or  vice-consul  shall  have  author- 
ity to  take  possession  of  such  merchandise,  or  other  property,  when  the 
master,  owner  or  consignee  thereof  is  present  or  capable  of  taking  pos- 
session of  the  same."32 

It  is  not  so  very  long  ago  that  in  many  localities  on  coasts 
where  ships  were  often  wrecked  the  inhabitants  pillaged  the 
wrecked  vessels  and  sometimes  robbed  and  even  murdered  the 
people  who  fell  into  their  hands.  The  name  wrecker  came  to 
mean  land  pirate.  A  service  is  now  maintained  by  the  Gov- 
ernment of  the  United  States  along  its  coasts  for  the  assistance 
of  wrecked  vessels.  Life  saving  stations  equipped  with  mod- 
ern appliances  for  taking  off  the  passengers  and  crews  and 
rendering  assistance  to  all  ships  in  distress  are  maintained  at 
the  expense  of  the  government.  The  service  is  under  the  su- 
pervision of  a  general  superintendent  and  the  statutory  pro- 
visions on  the  subject  are  very  full.33 

The  general  principles  relating  to  salvage  are  that  persons 
rendering  assistance  to  ships  in  distress  or  great  danger  from 

30  Senate  Documents,  3rd  Session,  62nd  Congress,  10,  137. 

31  Compiled    Statutes    of    1918,    §§7991-7992,    7993   and   7994. 

32  Revised  Statutes,  §4238. 

33  Compiled  Statutes  of  1918.    Title  L.  V.  Ch.  C. 


222  INTERNATIONAL  RELATIONS 

any  cause  who  are  at  the  time  under  no  employment  or  sus- 
tain no  relation  rendering  it  their  duty  to  give  assistance,  and 
who  do  voluntarily  give  effective  aid  are  entitled  to  compen- 
sation for  their  services.  The  convention  for  the  safety  of 
life  at  sea,  copied  above,  leaves  it  no  longer  optional  with  the 
masters  of  ships  on  the  ocean  whether  they  will  give  aid  or 
not.  All  masters  of  ships  flying  the  flags  of  any  of  the  na- 
tions which  are  parties  to  this  convention  must  respond  to 
calls  for  aid  from  ships  in  distress.  The  master  of  the  vessel 
in  distress  may  designate  which  of  several  vessels  receiving 
his  signal  shall  be  required  to  give  aid  and  which  may  pro- 
ceed on  their  voyages,  but  all  must  respond  to  the  signal.  The 
foregoing  convention  deals  mainly  with  the  questions  relating 
to  compensation  to  the  salvors.  It  recognizes  the  unequal  po- 
sitions of  the  salvors  and  those  in  distress  and  renders  con- 
tracts for  compensation  open  to  review  by  the  courts  of  their 
fairness.  The  need  of  courts  having  jurisdiction  of  ships  of 
all  nations  and  their  crews  is  very  forcibly  presented  by  this 
treaty.  The  salvage  of  a  ship  and  cargo  may  give  rise  to 
conflicting  claims  of  citizens  of  many  nations  and  the  jurisdic- 
tion of  any  court  be  inadequate  to  settle  all  the  questions  pre- 
sented. The  convention  binds  only  the  parties  to  it.  Some 
of  the  parties  to  a  case  of  salvage  may  be  citizens  or  subjects 
of  the  nations  bound  by  the  convention  and  others  not.  In 
such  a  case  either  the  convention  must  be  extended  to  bind 
those  not  parties  to  it,  or  disregarded  and  the  case  be  decided 
in  accordance  with  the  recognized  principles  of  international 
law,  or  one  rule  applied  to  one  part  of  the  case  and  a  different 
rule  to  another  part.  The  generally  accepted  rule  is  that  no 
compensation  is  due  for  saving  life  but  only  for  saving  prop- 
erty. Slaves  being  regarded  as  property,  rather  than  human 
beings,  compensation  was  given  for  saving  them.3*  In  Eng- 
land the  Merchant  Shipping  Act  of  1854  allows  savage  for 
the  preservation  of  human  life,  with  priority  over  all  other 
claims  for  salvage  where  the  property  is  insufficient.35  No 

34  Bass.  v.  Five  Negroes,  2  Fed.  Cas.  No.  4434.    The  Mulhouse,  17  Fed. 
Cas.  9,910. 

35  The  Cairo,  L.  R.  4.    The  Thomas  Fielden,  32  L.  J.  Adm.  61.     Silver 
Bullion,  2  Spinks,  70. 


COMMON  PROPERTY  OF  ALL  NATIONS  223 

claim  for  salvage  can  be  maintained  unless  the  aid  given  has 
contributed  to  the  actual  preservation  of  property  in  peril. 
The  master  of  a  vessel  may  refuse  aid  tendered  except  in  cases 
of  extreme  danger  where  assistance  is  needed  for  the  preser- 
vation of  life  or  property. 

The  principles  applied  by  the  courts  in  awarding  compen- 
sation for  salvage  are  somewhat  different  from  those  ordi- 
narily applied  to  the  determination  of  compensation  for  other 
services.  Compensation  for  salvage  is  not  confined  to  wages 
for  the  labor  performed,  but  includes  also  reward  for  the  risk 
of  life  and  property  involved,  as  an  inducement  to  the  per- 
formance of  such  services.30  Where  compensation  is  allowed 
for  saving  human  life  it  may  be  charged  against  not  only  the 
ship  saved  but  also  against  the  cargo."  It  is  not  a  personal 
liability  of  the  persons  whose  lives  have  been  saved.  A  sal- 
vage service  carries  with  it  a  maritime  lien  on  the  property 
saved,  which  in  England  and  the  United  States  is  enforced  by 
the  courts  having  admiralty  jurisdiction.38 

The  convention  copied  above  does  not  cover  the  whole  field 
of  claims  for  salvage.  In  fact  it  adds  very  little  to  the  inter- 
national law  on  the  subject.  Claims  of  this  kind  are  very 
numerous  in  the  courts  of  all  maritime  countries  and  the 
topic  of  salvage  is  a  very  prominent  one  in  the  books  relating 
to  admiralty  jurisdiction.  Cases  in  great  number  have  been 
decided  by  the  courts  of  England  and  the  United  States  and 
are  reported  in  the  books.  There  is  not  entire  harmony  in 
the  rules  applied  by  the  English-speaking  nations,  but  salvage 
claims  are  disposed  of  by  the  courts  and  very  rarely  if  ever 
lead  to  serious  international  complications.  Nevertheless, 
where  ships  flying  the  flags  of  different  nations  are  involved  in 
a  controversy  concerning  salvage  the  questions  arising  are 
strictly  international  in  character  and  a  matter  of  common 
concern  to  all  nations.  A  review  in  detail  of  the  cases  de- 
cided is  beyond  the  scope  of  this  work  which  deals  only  with 
the  very  general  aspects  of  the  subject. 

30  The  Blackwell,  10  Wall.  i.    The  Flottbek,  55  C.  C.  A.  448. 
37  The  Annie,  12  P.  D.  50.    The  Renpor,  8  P.  D.  115. 
88  Chapman  v.  The  Greenpoint,  38  Fed.  671. 


224  INTERNATIONAL  RELATIONS 

FISHERIES 

The  accepted  rule  of  both  municipal  and  international  law 
that  wild  things  are  not  the  property  of  any  one  until  taken 
possession  of  applies  to  sea  fish  and  mammals  of  the  sea. 
While  many  of  the  most  valuable  fisheries  are  so  situated 
that  there  is  no  conflict  between  nations  with  reference  to 
them,  some  of  them  have  given  rise  to  bitter  controversies. 
Many  of  the  fisheries  in  the  seas  surrounding  Europe  are  ac- 
cessible to  more  than  one  nation  and  extend  more  than  a 
marine  league  from  the  coast  line.  The  use  of  these  fisheries 
has  given  rise  to  many  conflicting  claims.  The  fishermen  of 
Great  Britain,  France,  Belgium,  The  Netherlands,  Germany, 
Denmark,  Sweden  and  Norway  all  have  access  to  the  North 
Sea,  and  are  equally  entitled  to  engage  in  the  mackerel,  herring 
and  other  fisheries  away  from  the  coasts.  It  is  evident  that 
all  have  common  interests,  and  numerous  treaties  and  con- 
ventions have  been  entered  into  to  regulate  their  operations 
and  provide  for  their  safety.  In  the  foregoing  convention  of 
London  there  are  many  provisions  relating  to  fishing  vessels 
and  the  care  to  be  taken  by  other  ships  to  avoid  injury  to 
them,  their  lines  and  nets.  Though  the  other  seas  are  not  sur- 
rounded by  so  many  populous  sovereignties  and  may  not  have 
as  valuable  fisheries,  it  is  still  important  that  the  fishermen  of 
each  nation  operate  with  due  regard  to  the  rights  of  those  of 
other  nations,  and  that  all  observe  the  same  rules  f  jr  their 
common  safety.  The  more  distant  fisheries  off  the  coasts  of 
Iceland  and  North  America  have  given  rise  to  controversies 
between  European  countries,  and  between  Great  Britain  and 
the  United  States  which  it  has  been  found  necessary  to  settle 
either  by  treaty  or  by  arbitration. 

The  whales,  seals,  and  other  sea  mammals  have  great  value 
and  swim  far  out  at  sea  where  they  are  liable  to  be  taken  by 
the  hunters  of  any  nation.  The  controversy  between  Great 
Britain  and  the  United  States  with  reference  to  the  seals  in 
Behring  Sea  illustrates  the  necessity  for  some  general  author- 
ity to  prescribe  laws  for  the  sea  that  shall  be  binding,  not 
merely  on  two  or  a  few  nations  that  enter  into  a  treaty  on  the 
subject,  but  on  all  the  nations  of  the  earth  alike.  Without  effi- 


COMMON  PROPERTY  OF  ALL  NATIONS  225 

cient  protection  seals  and  whales  will  soon  become  extinct. 
It  may  be  that  they  consume  more  than  their  value  in  food 
fish,  and  that  in  time  it  will  prove  of  general  advantage  to  ex- 
terminate them,  but  the  whole  subject  should  be  considered 
and  dealt  with  by  competent  representatives  of  the  interests 
of  all,  and  such  action  be  taken  as  will  promote  the  general 
welfare. 

The  great  importance  of  fish  as  human  food  has  been  rec- 
ognized by  man  in  all  stages  of  civilization.  The  great  ocean 
seems  too  large  a  field  for  human  domination  and  supervision, 
yet  it  is  manifestly  possible  to  do  much  to  prevent  wanton 
destruction  of  the  valuable  fish,  to  destroy  many  of  their 
worst  enemies,  and  to  promote  the  multiplication  of  the  most 
valuable  varieties.  The  peculiar  habits  of  the  salmon,  which 
spawns  and  hatches  in  the  fresh  water  of  the  rivers  and  then 
swims  out  and  disappears  in  the  ocean,  there  to  remain  until 
it  is  four  years  old  and  ready  to  return  and  deposit  its  spawn, 
have  been  observed,  and  show  the  necessity  for  sparing 
enough  to  continually  restock  the  rivers  and  undiscovered  feed- 
ing grounds  of  the  sea.  The  responsibility  of  preserving  the 
supply  of  this  favorite  fish  on  the  northwestern  coast  of 
America  rests  on  the  United  States  and  Canada,  which,  hav- 
ing control  of  the  whole  coast,  can  regulate  the  fisheries  on  it. 
The  breeding  habits  of  other  varieties  of  food  fish  may  not  be 
so  easily  ascertained,  but  it  would  seem  certain  that  much  can 
be  gained  by  concerted  investigation  into  the  habits  and  needs 
of  sea  fish  and  then  taking  such  measures  as  will  tend  to  multi- 
ply the  valuable  and  destroy  the  useless  ones.  Much  of  value 
has  already  been  learned,  but  as  yet  there  is  no  common  agency 
authorized  to  take  needed  measures  to  promote  the  general 
interest  of  all.  It  is  impossible  to  place  any  limit  on  the  quan- 
tity or  value  of  the  supplies  of  food  fish  which  the  seas  may 
be  made  to  produce,  or  on  the  improvements  which  may  be 
made  in  methods  of  taking  and  distributing  them.  Distance 
of  the  source  of  supply  from  the  market  has  already  ceased 
to  be  even  a  serious  obstacle  to  the  use  of  the  salmon  of  the 
Pacific  coast.  By  methods  now  in  use  it  is  entirely  practicable 
to  utilize  a  favorable  source  of  supply  in  any  part  of  the  world. 


226 

It  is  quite  easy  to  see  how  the  people  of  all  countries  may  pro- 
mote their  mutual  interests  in  the  fisheries  of  the  seas  by  their 
combined  efforts. 

TELEGRAPHS  :  CABLE  AND  RADIO 

Great  inventions  breed  international  problems.  The  first 
submarine  cable  was  laid  in  1858,  apparently  without  much 
concern  over  the  question  of  right  to  use  the  bed  of  the  ocean 
for  that  purpose.  This  cable  worked  only  a  few  weeks  and  it 
was  not  until  July  27,  1866,  that  permanent  communication 
between  Europe  and  America  by  telegraph  was  established 
through  a  new  cable.  Other  projects  soon  followed  and  at- 
tention was  directed  to  the  legal  status  of  the  companies  and 
their  property.  The  promoters  of  the  enterprises  were  con- 
fronted with  a  theretofore  unconsidered  question  of  title, 
namely,  who  owns  the  bed  of  the  ocean?  To  this  question 
there  could  be  but  one  answer,  all  the  nations  of  the  earth.  A 
franchise  to  lay  and  maintain  a  cable  across  the  ocean  con- 
necting Europe  and  America  could  not  be  granted  even  by  all 
the  nations  of  Europe  and  America  combined,  for  Asia  and 
Africa  had  equal  right  to  every  part  of  the  open  sea.  The 
general  international  convention  referred  to  above39  was  there- 
fore obtained  in  1885.  Since  then  many  cables  have  been 
stretched  between  continents  and  by  means  of  them  instant 
communication  can  now  be  had  with  the  most  remote  centers 
of  population.  While  these  cables  have  been  laid  with  the 
sanction  of  a  general  treaty,  they  were  without  the  protection 
of  a  government  having  full  dominion  over  the  ocean.  The 
nations  had  joined  in  giving  consent  to  the  enterprises  but  had 
established  no  court  or  other  agency  for  their  protection.  Act- 
ing separately  some  of  the  nations  have  enacted  laws  from  time 
to  time  for  the  protection  of  such  cables,40  but  there  has  been 
no  international  congress  authorized  to  legislate  on  the  sub- 
ject. Whether  cables  will  continue  to  multiply  or  give  way 
to  the  wireless  system  remains  to  be  seen.  The  cable  is  useful 
only  in  transmitting  messages  across  the  water.  It  does  not 

39  Supra,  p.  109.     "Compiled  Statutes  of  U.   S.  1918,  §10087  to   10009. 


COMMON  PROPERTY  OF  ALL  NATIONS  227 

afford  a  means  of  communication  with  shipping.  It  has  the 
advantages  of  secrecy,  reliability  and  permanence. 

Radiotelegraphs  have  recently  come  into  great  prominence, 
especially  as  a  means  of  communication  with  and  between 
ships  on  the  seas.  The  convention  signed  at  London  July  5, 
I9I2,41  makes  very  full  provisions  for  their  use  at  sea.  It  is 
only  possible  to  take  full  advantage  of  this  means  of  com- 
munication by  adopting  a  code  of  signals  and  a  system  of 
regulations  to  be  used  and  observed  by  the  ships  of  all  na- 
tions. The  subsequent  convention  providing  for  safety  of 
life  at  sea,42  makes  wireless  equipment  compulsory  on  vessels 
carrying  fifty  or  more  persons.  By  this  means  communica- 
tion may  be  had  across  the  water  from  land  to  land,  from  land 
to  ship,  or  from  ship  to  ship.  Ships  equipped  with  the  neces- 
sary apparatus  and  within  the  range  of  their  installations  may 
communicate  without  knowledge  of  the  location  of  each  other 
and  without  any  other  previous  understanding  than  that  con- 
tained in  the  international  regulations  which  it  is  the  duty  of 
all  operators  of  all  nations  to  study  and  understand.  The 
code  of  signals  prescribed  by  the  convention  is  a  universal 
language  for  all  who  sail  the  seas,  through  the  use  of  which 
they  may  hold  communication  over  long  distances  with  perfect 
understanding  of  each  other,  though  they  speak  different  lan- 
guages and  are  unable  to  converse  when  they  meet  face  to 
face.  The  adoption  of  this  universal  language  is  a  prerequisite 
to  the  efficient  use  of  this  great  invention.  It  is  especially  ap- 
propriate that  it  should  first  come  into  use  on  the  waters,  which 
are  the  common  property  of  all. 

These  conventions  have  been  given  the  full  force  of  statu- 
tory as  well  as  treaty  obligation  in  the  United  States  and  in 
Great  Britain.43  While  the  courts  of  the  United  States  and 
Great  Britain  have  power  to  enforce  these  rules  against  own- 
ers, masters  and  officers  of  their  own  ships,  they  have  no  juris- 
diction over  the  ships  of  other  nations.  Each  nation  must  be 
looked  to  separately  to  take  all  necessary  measures  to  carry 

41  Infra,  p.  416.     42  Supra,  p.  190. 

43  Compiled  Statutes  of  the  United  States,  1918,  §§  8262  to  8267  and  10100 
to  10108. 


228  INTERNATIONAL  RELATIONS 

the  conventions  into  effect.  If  disaster  comes  to  a  vessel  of 
one  nation  because  the  officers  of  a  ship  of  another  nation  have 
not  performed  their  duty  in  accordance  with  the  treaty,  re- 
course can  only  be  had  through  the  government  of  the  offend- 
ing party.  The  need  of  an  international  tribunal  with  power 
to  construe  the  law  and  enforce  uniform  application  of  it  is 
manifest.  It  is  also  apparent  that  new  inventions  and  chang- 
ing conditions  render  frequent  amendments  to  the  regula- 
tions desirable,  and  that  there  should  be  an  international  ad- 
ministrative body  clothed  with  power  to  deal  with  all  techni- 
cal questions  relating  to  the.radiotelegraphic  service. 

THE  BED  OF  THE  SEA  AND  OCEAN  PRODUCTS  OTHER  THAN 

FISH 

There  has  been  little  or  no  controversy  over  the  title  to  the 
bed  of  the  ocean.  The  depth  of  the  water  covering  most  of 
its  area  is  so  great,  from  two  to  five  miles,  that  it  offers  no  field 
for  present  human  operations.  It  is  only  in  exceptional 
places,  where  there  is  an  area  of  shallow  water  outside  the 
territorial  limits  of  any  nation,  that  conflicting  claims  have 
been  made,  and  these  have  generally  been  over  fisheries.  If 
it  be  not  merely  poetic  but  also  true  that  "Full  many  a  gem 
of  purest  ray  serene  the  dark  unfathomed  caves  of  ocean 
bear,"  the  difficulties  attending  the  work  of  gathering  them 
now  appear  insurmountable.  Most  of  the  marine  plants  of 
which  use  is  made  are  found  near  the  shore,  and  are  of  too 
low  value  to  arouse  any  controversy  over  their  use.  It  would 
be  exceedingly  hazardous  to  assert  however,  that  there  are  no 
parts  of  the  bed  of  the  ocean  outside  the  territorial  waters  of 
any  country  that  will  not  be  found  of  great  value  at  some  fu- 
ture time.  With  the  spread  of  civilization  over  the  whole  of 
the  land  and  increased  specialization  of  industry,  commerce 
will  doubtless  develop  in  distant  seas  and  pass  over  new  routes. 
That  valuable  discoveries  of  many  kinds  will  be  made  and 
utilized  in  remote  and  unfrequented  parts  of  the  seas  appears 
highly  probable.  If  so  it  will  be  incumbent  on  the  society  of 
nations  to  prescribe  the  laws  governing  their  use. 

It  is  already  known  that  there  are  many  submerged  rocks 


COMMON  PROPERTY  OF  ALL  NATIONS  229 

and  reefs  which  endanger  shipping  in  places  where  no  nation 
is  willing  to  undertake  the  task  of  either  removing  them  or 
marking  them  with  lights  and  buoys  to  warn  of  their  dangers. 
By  their  combined  and  concerted  efforts  the*  nations  may 
easily  cause  charts  of  the  whole  ocean  to  be  completed,  and 
safe  lanes  of  travel  to  all  countries  to  be  provided  and  prop- 
erly marked. 

The  great  rivers  are  constantly  carrying  vast  quantities  of 
valuable  fertilizers  to  the  sea,  and  depositing  them  far  beyond 
the  three  mile  limit.  From  the  mouths  of  some  of  these 
rivers  shallow  water  extends  long  distances  from  the  coast. 
It  seems  not  at  all  improbable  that  profitable  uses  for  the  bed 
of  this  part  of  the  ocean  may  be  found,  and  that  jurisdiction 
over  it  will  need  to  be  given  to  the  nation  owning  the  coast, 
or  that  the  society  of  nations  regulate  its  use. 

SANITATION 

Great  ships  carrying  the  population  of  whole  villages  now 
cross  the  ocean  in  a  few  days.  They  may  carry  also  the  germs 
of  all  the  diseases  that  prevail  in  the  countries  from  which 
they  come.  Vermin  and  the  seeds  of  noxious  weeds  and  plants 
are  carried  with  other  freight.  Rats  carrying  bubonic  plague 
may  take  passage  in  the  vessel's  hold  and  spread  the  disease 
in  distant  lands.  Mosquitoes  with  the  yellow  fever  virus  may 
infest  the  cabins  and  decks  and  do  their  deadly  work  in  the 
foreign  port.  Cholera,  smallpox,  and  other  dreaded  diseases 
may  be  carried  wherever  the  ship  sails.  The  sanitary  condi- 
tions on  shipboard  are  as  various  as  the  people  who  sail  the 
seas,  varying  from  extreme  filthiness  to  model  cleanliness. 
No  nation  acting  separately  can  prescribe  and  enforce  all 
needed  regulations  for  its  own  protection. 

Fear  of  the  bubonic  plague  and  the  Asiatic  cholera  has  in- 
duced the  nations  to  join  in  sanitary  conventions.44  While 
great  good  has  doubtless  resulted  from  the  measures  taken 
pursuant  to  them,  they  lack  much  of  covering  the  whole  field 
of  international  sanitation.  Rules  applicable  to  every  port 
from  which  contagions  and  epidemics  are  to  be  apprehended 
"Infra,  p.  383. 


230  INTERNATIONAL  RELATIONS 

are  needed.  The  enforcement  of  such  rules  should  not  be 
left  to  local  authorities  who  may  be  interested  in  evading 
them,  but  should  be  under  the  supervision  of  competent  offi- 
cers acting  in  oehalf  of  all  the  nations  affected.  Nor  should 
inspection  and  supervision  be  necessarily  confined  to  the  ports. 
Those  charged  with  the  duty  of  enforcing  the  sanitary  regula- 
tions should  have  authority  over  the  ships  of  all  nations  on 
any  part  of  the  sea.  It  is  equally  apparent  that  the  formula- 
tion of  international  sanitary  regulations  by  treaties  which 
either  party  may  abrogate  is  inadequate  and  unsatisfactory. 
Authority  to  act  with  promptness  in  emergencies  is  of  the  ut- 
most importance.  With  present  means  of  communication  by 
telegraph  it  is  entirely  possible  for  a  board  or  commission 
having  adequate  powers  to  act  promptly  and  efficiently,  but 
this  cannot  be  done  if  it  is  hampered  by  national  boundaries 
or  required  to  wait  for  a  new  treaty  to  meet  a  new  condition. 
Prior  to  the  discovery  of  America  the  ocean  interposed  a 
complete  barrier  to  all  intercourse  and  communication  of 
disease  from  continent  to  continent.  Now  it  brings  all  the 
nations  together  and  passes  disease  and  death  from  one  to 
another  as  well  as  supplies  of  food,  clothing  and  useful  arti- 
cles of  all  kinds.  Year  by  year  intercourse  increases  until 
each  nation  finds  itself  involved  in  the  concerns  of  all  the 
others. 

THE  UNSEEN  NATURAL  FORCES 

Though  manifestations  of  the  effects  of  electrical  force 
have  always  been  obvious  to  the  lowest  savages,  little  or  noth- 
ing concerning  the  laws  governing  its  action  was  known  until 
very  recent  times.  It  can  hardly  be  said  that  the  nature  of 
electricity  is  now  understood,  but  much  is  known  of  the  meth- 
ods by  which  its  action  may  be  induced  and  controlled.  It  is 
also  known  that  it  pervades  the  whole  surface  of  the  earth, 
and  conjectured  that  it  is  diffused  throughout  the  whole  uni- 
verse. It  is  the  most  convenient  medium  known  for  the  con- 
version of  heat  into  power  or  light  and  of  power  into  heat  or 
light.  The  first  great  practical  use  made  of  it  was  for  the 
transmission  of  messages  through  wire  connections.  The 


COMMON  PROPERTY  OF  ALL  NATIONS  231 

broken  current  controlled  by  instruments  made  possible  a  tele- 
graphic alphabet  which  may  now  be  transmitted  around  the 
world  almost  instantaneously.  Since  the  laying  of  the  ocean 
cables  the  news  from  all  parts  of  the  world  is  gathered  and 
printed  daily.  The  newer  method  of  wireless  telegraphy 
makes  possible  the  transmission  of  messages  in  all  directions 
to  any  station  equipped  to  receive  them.  Thus  the  unseen 
electrical  current  or  wave  enables  distant  friends  or  foes  to 
talk  with  each  other  at  any  time.  The  telephone  dispenses 
with  the  telegraphic  alphabet  and  enables  people  to  converse 
directly  and  hear  each  other's  voices.  The  electric  force  which 
is  the  medium  of  communication  is  a  common  possession  of 
all  the  people  of  all  the  nations,  which  cannot  be  monopolized 
so  far  as  we  know.  The  advantages  to  be  derived  from  it  are 
dependent  on  the  apparatus  for  sending  and  receiving  messages 
and  a  common  language  for  all  who  use  it.  The  dots  and 
dashes  of  the  telegraph  may  become  a  universal  written  lan- 
guage, but  at  present  the  operator  must  make  the  translations 
from  and  to  the  sender  and  the  receiver  of  the  message.  The 
convention  for  the  safety  of  life  at  sea  requires  all  operators 
of  radiotelegraphs  to  be  conversant  with  the  meaning  of  the 
signals,  no  matter  what  language  he  speaks.  No  other  dis- 
covery has  done  so  much  to  bring  distant  people  together  and 
induce  good  understanding  between  them  as  that  of  the  tele- 
graph. Through  it  and  the  telephone  electrical  force  becomes 
a  living  bond  of  union  capable  of  extension  to  the  most  remote 
parts  of  the  earth. 

It  is  not  alone  as  a  medium  of  communication  that  electrical 
force  is  a  means  of  binding  distant  people  to  each  other. 
Waterfalls  may  be  changed  to  terms  of  electric  currents,  and 
these  in  turn  to  power  and  motion  in  distant  factories,  to 
force  propelling  cars  and  vehicles  on  all  kinds  of  roads,  to 
light  in  buildings  and  streets,  to  heat  in  kitchen  or  any  other 
room,  or  to  extract  from  the  air  its  unseen  properties  or  min- 
erals from  their  ores.  The  source  of  power  may  be  far  re- 
moved from  the  place  of  use,  and  it  may  be  transmitted  from 
the  mountain  regions  of  one  nation  to  the  plains  of  another. 
Although  so  much  has  already  been  accomplished  in  the  em- 


232  INTERNATIONAL  RELATIONS 

ployment  of  electrical  force  it  is  manifest  that  its  uses  may  be 
multiplied  indefinitely  with  untold  benefit  to  mankind.  To 
realize  these  advantages  wide  concert  of  action  and  perfect 
understanding  between  all  who  are  concerned  is  necessary. 

Magnetic  attraction  and  repulsion  are  unseen  forces  akin 
to  electrical  force  the  earliest  important  use  of  which  was  in 
the  mariner's  and  surveyor's  compasses.  It  is  of  great  im- 
portance in  navigation  and  serves  the  ships  of  all  nations  alike. 
Unlike  the  telegraph  the  compass  serves  each  ship  separately, 
but  it  gives  like  information  to  each  and  refers  both  to  a  com- 
mon standard  of  direction. 

Gravitation  is  another  unseen  force,  always  in  action  every- 
where. Acting  in  waterfalls  or  descending  masses  of  any 
kind,  it  is  a  source  of  power  capable  of  direct  application  to 
machinery  for  the  use  of  it  through  the  various  appliances  of 
mills  or  factories,  or  it  may  be  converted  at  once  into  electrical 
force  and  applied  in  any  way  and  for  any  purpose  that  such 
force  may  be  used.  Water  is  now  the  principal  medium 
through  which  the  force  of  gravity  is  converted  into  other 
terms  of  power,  but  by  the  use  of  inclined  planes  and  other 
devices  coal  and  rock  obtained  on  the  mountain  side  may  be 
made  to  generate  power  as  they  descend  on  their  way  to 
market.  Transmission  of  this  power  after  conversion  into 
electrical  force  may  be  made  by  wire  for  distant  uses  from 
regions  where  it  could  not  well  be  utilized. 

These  are  some  of  the  unseen  forces  of  nature  which  now 
serve  mankind.  It  would  be  rash  indeed  to  say  that  there  are 
no  others  capable  of  doing  so.  The  sun  gives  light,  heat  and 
power,  and  with  them  life  and  energy  to  all  living  things. 
What  unseen  and  uncomprehended  forces  are  concealed  in  its 
rays  from  human  eyes  no  man  knows,  but  when  all  nations 
join  in  the  search  for  knowledge  of  natural  forces  i-nd  the 
laws  governing  them  with  the  same  spirit  that  has  given  us 
modern  progress  along  these  lines,  it  may  confidently  be  ex- 
pected that  other  marvels  of  progress  will  result. 


COMMON  PROPERTY  OF  ALL  NATIONS  233 

THE  AIR 

Free  as  the  air  is  an  oft  used  expression  conveying  the 
idea  that  the  air  is  above  human  domination,  yet  the  air  has 
already  been  converted,  not  only  into  a  highway,  but  a  battle- 
field. Aerial  navigation  is  already  an  established  fact.  The 
ocean  merely  washes  the  coasts  of  the  nations  that  border  on 
it,  but  the  air  envelops  them  all.  Ships  must  stop  at  the 
water's  edge,  but  air  crafts  may  sail  over,  above  and  beyond  a 
neighboring  state,  by  day  or  by  night,  below  or  above  the 
clouds.  To  maintain  its  ownership  from  the  center  of  the 
earth  to  the  stars  a  nation  must  build  its  barriers  to  command 
the  air  as  well  as  the  land  and  water.  If  the  deveopment  of 
air  service  for  peaceful  purposes  proceeds  as  rapidly  as  it  has 
for  war  it  will  be  necessary  for  the  nations  to  reconstruct  the 
governmental  machinery  now  employed  to  collect  duties,  ex- 
clude foreigners  and  their  merchandise  and  confine  citizens  and 
their  goods  at  home.  The  boundary  lines  of  the  small  states 
of  Europe  will  not  be  traced  where  they  can  be  discerned  in 
the  air,  and  air  ships  may  pass  across  them  from  country  to 
country  without  regard  to  local  regulations.  Efficient  govern- 
ment of  the  ocean  requires  the  united  authority  of  all,  but 
each  nation  may  control  the  shipping  that  comes  to  and  goes 
from  its  ports.  The  air  craft,  however,  may  pass  over  the 
state  in  utter  contempt  of  all  its  laws  until  some  means  of  in- 
tercepting it  is  devised  and  its  use  made  practicable. 

The  air  may  also  carry  poison  and  disease  germs  from  state 
to  state.  The  great  epidemic  of  influenza  through  which  we 
are  just  passing  has  been  world-wide.  Whence  it  has  pro- 
ceeded and  what  has  been  its  cause  no  one  seems  to  know. 
Apparently  the  contagion  has  been  in  the  air.  Whether  this 
be  so  or  not,  it  is  certain  that  each  nation  is  interested  in  the 
purity  of  the  air  that  blows  from  a  neighboring  state,  and  that 
it  may  be  contaminated  by  disease  germs  or  poisonous  gases  or 
in  other  disagreeable  though  less  dangerous  ways.  The  smoke 
of  forest  fires  in  Canada  sometimes  darkens  the  air  for  many 
hundreds  of  miles  across  the  border.  The  smoke  and  noxious 
gases  generated  in  smelting  ores  and  various  manufacturing 


234  INTERNATIONAL  RELATIONS 

operations  may  destroy  crops  and  render  homes  uninhabitable 
across  national  boundaries.  It  has  been  demonstrated  that  the 
air  can  be  contaminated  by  noxious  gases  for  long  distances 
and  to  such  extent  as  to  destroy  human  life.  The  air  we 
breathe  is  more  truly  a  common  possession  of  all  mankind 
than  any  other  thing,  and  all  nations  are  vitally  interested  in 
preserving  its  purity. 

With  the  increase  of  population  and  of  means  of  travel  and 
communication  conflicting  claims  to  natural  wealth  and  the 
common  property  multiply.  Regulations  concerning  the  oc- 
cupancy of  land  begin  with  the  allotment  of  hunting  grounds 
to  the  tribe,  then  of  pastures  to  the  herdsmen  and  on  through 
the  various  stages  of  settlement,  cultivation  and  city-building 
till  the  modern  complex  system  of  titles,  leases,  trusts,  liens 
and  encumberances  on  clearly  designated  tracts  is  developed. 
New  inventions  bring  into  being  intangible  property,  often  of 
great  value  when  protected  by  the  laws  of  a  great  nation. 
Such  laws  are  now  being  extended  by  treaty  from  nation  to 
nation.  With  the  increase  of  dealings,  business  and  social  re- 
lations between  the  people  of  different  nations,  questions  as  to 
their  respective  rights  multiply.  Diplomats  have  done  much 
to  simplify  and  make  certain  the  rights  of  the  parties  by 
treaties  and  conventions,  but  questions  arise  as  to  the  interpre- 
tation and  application  of  these  which  must  be  settled  in  some 
manner.  The  newer  nations  have  required  capital  for  the  de- 
velopment of  their  resources  and  this  has  been  furnished  by 
the  people  of  the  European  nations  in  many  ways  and  for  a 
great  multiplicity  of  uses.  Payment  of  debts  and  performance 
of  contracts  have  not  always  been  made  according  to  agree- 
ment. Where  the  debtor  or  delinquent  is  a  sovereign  nation 
or  where  the  courts  of  a  debtor  nation  refuse  to  compel  per- 
formance of  their  obligations  by  the  citizens  of  their  country, 
international  controversies  arise.  When  to  these  are  added 
the  many  conflicting  claims  to  the  use  of  the  common  prop- 
erty of  all  the  nations  and  the  ambitions  of  statesmen  to  ex- 
tend the  possessions  and  influence  of  their  own  nation  at  the 
expense  of  their  neighbors,  the  volume  of  matters  for  adjust- 
ment through  diplomatic  channels  becomes  very  great.  Most 


COMMON  PROPERTY  OF  ALL  NATIONS  235 

of  these  in  recent  years  have  been  satisfactorily  disposed  of 
by  direct  agreement  between  the  nations  concerned,  but  it  has 
not  always  been  possible  for  the  parties  to  come  to  a  direct 
and  satisfactory  understanding.  Statesmen  having  the  wel- 
fare of  humanity  at  heart  have  therefore  sought  to  evolve  a 
system  through  which  such  controversies  could  be  settled 
without  resort  to  force  with  very  gratifying  results  in  some 
instances  and  sore  disappointment  in  others. 


CHAPTER  VI 

SETTLEMENT  OF  INTERNATIONAL  DISPUTES  BY 
ARBITRATION  AND  MEDIATION 

In  the  absence  of  a  superior  having  authority  over  both 
parties  to  the  controversy  and  backed  by  ample  power  to  en- 
force obedience  by  them  to  his  decisions,  arbitration  and  medi- 
ation offer  alternatives  that  are  better  than  war.  They  are, 
however,  in  all  respects  primitive  and  rudimentary.  They 
afford  no  protection  whatever  against  determined  aggression. 
Neither  party  can  compel  his  adversary  to  arbitrate.  Before 
anything  further  is  done  the  parties  must  agree  to  arbitrate, 
agree  on  the  question  to  be  submitted  to  arbitration,  and  agree 
on  the  manner  in  which  the  tribunal  shall  be  selected. 

These  difficulties  can  be  overcome,  and  in  fact  interpose  no 
serious  obstacle,  if  the  difference  is  merely  one  honestly  enter- 
tained either  as  to  a  matter  of  law  or  of  fact  and  both  parties 
sincerely  desire  an  amicable  adjustment  of  it.  The  responsible 
head  of  the  government  of  any  civilized  state  ought  to  con- 
sent to  arbitrate  any  question  rather  than  plunge  his  country 
into  war,  but  recent  history  proves  that  nations  that  have  made 
long  preparation  for  a  conflict  and  regard  the  time  ripe  for 
their  warlike  enterprises,  ignore  all  moral  and  contractual 
agreements  to  arbitrate,  especially  when  there  is  no  moral  or 
legal  basis  for  their  demands.  But  where  the  nations  are  truly 
friendly  the  submission  of  their  differences  to  mutual  friends 
as  arbitrators  is  natural,  easy  and  effectual.  In  the  settlement 
of  private  controversies  arbitration  is  sometimes  preferable 
to  submission  to  the  ordinary  courts  of  justice.  Where  the 
matter  in  controversy  relates  to  some  technical  matter,  or  the 
customs  prevailing  in  a  particular  trade  or  business,  the  parties 
can  usually  select  an  arbitrator  who  is  more  competent  to  de- 
cide than  a  judge  who  deals  with  all  kinds  of  controversies. 
Arbitration  is  often  a  much  more  speedy  method  of  determining 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  237 

a  question  than  a  trial  in  a  court  which  has  its  formal  require- 
ments allowing  time  for  each  step  in  the  progress  of  the  case. 
In  commercial  matters  quick  decision  is  often  of  vital  interest 
to  both  parties,  especially  when  the  disposition  of  perishable 
property  is  involved.  Commercial  bodies  sometimes  give  the 
needed  sanction  to  the  decisions  of  arbitrators  chosen  in  ac- 
cordance with  their  by-laws  by  suspension  or  denial  of  the 
privileges  of  their  organization  to  members  who  refuse  to  arbi- 
trate, or  who  fail  to  comply  with  the  awards  of  the  arbitrators. 
Arbitration  also  has  the  very  great  advantage  of  saving  to  the 
parties  the  costs  and  expenses  of  litigation  in  the  courts. 

Nevertheless  arbitration  cannot  be  made  to  supply  the  place 
of  courts  vested  with  full  power  to  administer  the  law  and 
enforce  obedience  to  it.  The  best  method  of  settling  a  question 
arising  between  two  parties  is  for  them  to  agree  on  a  dispo- 
sition of  it.  Most  questions  arising  between  nations  are  so 
settled  now.  When  they  are  unable  to  agree  or  compromise 
their  differences,  friendly  mediation  by  which  both  are  given 
the  benefit  of  the  impartial  advice  of  a  mutual  friend,  is  often 
a  very  effectual  and  satisfactory  method  of  adjusting  a  contro- 
versy. The  mediator  is  often  able  to  make  a  party  see  the 
merits  of  the  other  party's  claim  by  presenting  it  in  a  different 
manner  and  freed  from  all  feeling  of  interest  or  advantage. 
Mediation,  however,  to  be  serviceable  must  be  really  inspired 
by  friendship  for  both  parties  and  felt  by  them  to  be  so.  In 
dealings  between  nations  one  who  undertakes  to  act  as  medi- 
ator is  liable  to  be  suspected  of  selfish  and  ulterior  motives. 
The  most  effectual  mediation  is  by  the  powerful  nations  in  the 
affairs  of  the  weaker  ones.  The  results  of  such  mediation  will 
be  good  or  bad  according  to  the  real  purposes  of  the  mediator. 

In  the  administration  of  the  law  between  private  parties 
mediation  has  no  recognized  place,  but  the  settlement  of  dis- 
putes and  misunderstandings  of  all  kinds  through  friendly 
counsel  is,  and  always  has  been,  of  very  common  occurrence. 
Persons  occupying  special  relations  of  friendship,  confidence, 
or  business  connection,  are  often  able  to  bring  about  very 
happy  solutions  of  differences  and  disputes.  On  the  other 
hand  mischievous  intermeddling  with  the  affairs  of  others  is 


238  INTERNATIONAL  RELATIONS 

productive  of  much  strife  and  bitterness.  This  kind  of  inter- 
ference is  not  really  mediation,  for  its  purpose  usually  is  to 
accomplish  some  other  end  than  the  settlement  of  a  contro- 
versy already  existing. 

Mediation,  however,  now  has  a  place  in  international  law. 
Sovereigns,  especially  autocrats,  were  formerly  very  sensitive 
about  any  intermedling  with  their  affairs  by  third  parties,  and 
offers  of  mediation  were  usually  resented.  The  Pope  has 
sometimes  been  able  to  aid  Catholic  states  in  the  settement 
of  their  differences  by  reason  of  his  position  as  the  spiritual 
head  of  the  Church,  and  there  are  many  instances  of  success- 
ful mediation  by  others,  but  the  right  of  a  nation  to  offer  its 
friendly  offices  to  prevent  a  conflict  was  not  established.  The 
Treaty  of  Paris  of  1856  settled  the  terms  of  peace  of  the 
Crimean  war,  in  which  France  and  Great  Britain  had  forcibly 
intervened  to  save  Turkey  and  preserve  the  balance  of  power. 
The  23rd  Protocol  of  this  is  as  follows :  "Whereupon  the 
Plenipotentiaries  (i.e.,  of  Austria,  France,  Great  Britain, 
Prussia,  Russia,  Sardinia,  Turkey)  do  not  hesitate  to  ex- 
press, in  the  name  of  their  Government,  the  wish  that  States 
between  which  any  serious  misunderstanding  may  arise 
should,  before  appealing  to  arms,  have  recourse,  as  far  as 
circumstances  might  allow,  to  the  good  offices  of  a  friendly 
Power.  The  Plenipotentiaries  hope  that  the  Governments  not 
represented  at  the  Congress  will  unite  in  the  sentiment  which 
has  inspired  the  wish  recorded  in  the  present  Protocol."1  This 
was  not  a  binding  agreement  between  the  powers  represented 
who  joined  in  it,  but  it  was  a  suggestion  of  the  usefulness  of 
mediation,  made  to  encourage  resort  to  it.  The  Hague  con- 
vention for  the  settlement  of  international  disputes  gives  medi- 
ation a  definite  place  and  character  in  the  dealings  of  nations 
with  each  other.  Title  II  deals  with  the  subject  of  good 
offices  and  mediation  and  commits  all  the  powers  to  its  use  and 
encouragement.  It  gives  powers  which  are  strangers  to  the 
dispute  the  right  to  offer  their  good  offices  or  mediation,  be- 
fore or  during  hostilities,  and  provides  that  such  an  offer  can 
never  be  regarded  as  an  unfriendly  act.  There  are  ample 

1  Halleck's  Int.  Law,  I,  499. 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  239 

reasons  for  giving  greater  encouragement  to  mediation  in  the 
disputes  between  nations  than  to  it  in  disputes  between  pri- 
vate persons.  Disputes  between  nations  may  lead  to  war  if 
they  are  not  settled.  No  such  result  is  to  be  apprehended 
from  unsettled  disputes  between  private  persons.  If  these 
cannot  agree  there  are  courts  vested  with  ample  power  to  de- 
termine and  enforce  their  rights,  no  matter  how  important 
to  them  the  matter  in  controversy  may  be,  or  how  bitter  their 
feelings  in  regard  to  it.  But  in  the  case  of  a  dispute  between 
nations  there  is  no  court  to  resort  to.  The  nations  as  to 
each  other  are  in  a  state  of  anarchy,  mitigated  only  by  the 
principles  generally  accepted  as  international  law,  the  treaties 
made  between  them,  and  the  voluntary  submission  by  each  of 
them  to  these  principles  and  the  voluntary  performance  of 
their  agreements.  The  general  public  is  interested  in  the  set- 
tlement of  all  private  disputes  and  the  administration  of  jus- 
tice between  all  its  members.  It  therefore  has  provided  its 
system  of  courts,  vested  with  power  to  determine  all  questions 
of  private  right  and  punish  crimes.  But  the  community  of 
nations  has  no  such  agency,  and  must  therefore  seek  other 
means  of  preventing  conflicts.  But  few  of  the  people  in  a 
large  community  know  of,  or  are  affected  by,  the  misunder- 
standings of  particular  members  of  it.  War,  however,  affects 
the  \vhole  community  of  nations.  It  at  once  divides  the  whole 
world  into  combatants  and  non-combatants.  Belligerents  are 
recognized  as  having  the  right  to  fight  on  sea  or  land  and  to 
require  neutral  nations  to  keep  out  of  the  way  of  their  mili- 
tary and  naval  operations.  They  may  also  interrupt  each 
other's  commerce  with  neutral  nations.  This  often  imposes 
very  great  hardship  on  the  neutrals.  For  these  reasons,  as 
well  as  from  humane  impulses,  it  is  eminently  proper  that  the 
nations  should  be  allowed  and  encouraged  to  exercise  their 
good  offices  to  preserve  the  peace. 

Another  expedient  offered  under  Title  III  of  this  Conven- 
tion is  an  International  Commission  of  Inquiry.  This  is  to 
be  constituted  by  a  special  agreement  of  the  parties  in  cases 
where  the  difference  between  the  parties  is  as  to  some  question 
of  fact,  and  involves  no  matter  of  honor  or  vital  interest. 


240  INTERNATIONAL  RELATIONS 

The  functions  of  the  Commission  are  to  make  a  full  investi- 
gation and  receive  the  testimony  bearing  on  the  controverted 
facts  and  to  report  their  findings.  They  do  not  make  an  award 
as  arbitrators  do,  but  merely  a  statement  of  the  facts  as  they 
determine  them  from  the  evidence.  The  parties  are  free  to 
act  on  the  report  as  they  see  fit.2 

In  recent  years  arbitration  has  grown  in  favor  as  a  method 
of  settling  international  controversies,  especially  between 
Great  Britain  and  the  United  States.3  In  1818  there  were 
controversies  between  the  two  countries  with  reference  to  the 
fisheries  off  the  coasts  of  the  British  possessions  in  North 
America,  to  the  boundaries  between  the  British  possessions 
and  the  United  States,  and  the  restoration  of  slaves  taken  by 
the  British.  A  treaty  was  concluded  between  them  at  Lon- 
don on  October  20,  1818,  which  settled  the  dispute  with  ref- 
erence to  the  fisheries  and  boundary,  and  fixed  the  northern 
line  of  the  territory  of  the  United  States  on  "a  line  drawn 
from  the  most  northwestern  point  of  the  Lake  of  the  Woods, 
along  the  49th  parallel  of  north  latitude,  or,  if  said  point 
shall  not  be  in  the  49th  parallel  of  north  latitude,  then  that  a 
line  drawn  from  the  said  point  due  north  or  south  as  the  case 
may  be,  until  the  said  line  shall  intersect  the  said  parallel  of 
north  latitude,  and  from  the  point  of  such  intersection  due 
west,"  to  the  "Stony  Mountains."  It  was  further  agreed  that 
the  country  claimed  by  either  party  west  of  the  Stony  Moun- 
tains should  be  free  and  open  for  ten  years  to  the  vessels,  citi- 
zens and  subjects  of  both  powers.  As  to  the  third  subject  of 
negotiation  the  parties  were  unable  to  agree.  It  had  been 
provided  in  the  first  article  of  the  Treaty  of  Ghent,  December 
24,  1814,  which  settled  the  terms  of  peace  after  the  war  of 
1812.  "All  territory,  places  and  possessions  whatsoever,  taken 

2  Senate  Documents,  2nd  Session  6ist  Congress,  48,  p.  2230. 

3  The  Treaty  of  October  27,  1795  between  Spain  and  the  U.  S.,  provided 
for  the  submission  of  claims  of  citizens  of  the  U.  S.  against  Spain  to  a 
commission  of  three  named  by  the  parties.     This  commission  awarded 
$325,440.07}^  December  31,   1799,  but  these  claims  were  relinquished  by 
the  treaty  of  Feby.  22,  1819,  and  Spanish  claims  against  the  United  States 
to  the  amount  of  $5,000,000  were  allowed  by  a  Commission  appointed  by 
the  United  States.     Senate  Documents  48,  1649-1658. 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  241 

by  either  party  from  the  other  during  the  war,  or  which  may 
be  taken  after  the  signing  of  this  treaty,  excepting  only  the 
islands  hereinafter  mentioned,  shall  be  restored  without  delay, 
and  without  causing  any  destruction  or  carrying  away  any  of 
the  artillery  or  other  public  property  originally  captured  in  the 
said  forts  or  places,  and  which  shall  remain  therein  upon  the 
exchange  of  the  ratifications  of  this  treaty,  or  any  slaves  or 
other  private  property."*  Claims  were  made  by  citizens  of 
the  United  States  for  slaves  taken  by  the  British,  and  the 
parties  were  unable  to  agree  as  to  the  liability  under  the  terms 
of  the  treaty.  By  the  fifth  article  of  the  treaty  of  1818  it 
was  agreed  that  this  question  should  be  submitted  to  arbitra- 
tion and  pursuant  to  this  agreement  it  was  submitted  to  the 
Emperor  of  Russia  who  decided : 

"That  the  United  States  of  America  are  entitled  to  a  just  indemnifica- 
tion, from  Great  Britain,  for  all  private  property  carried  away  by  the 
British  forces;  and  as  the  question  regards  slaves  more  especially,  for 
all  such  slaves  as  were  carried  away  by  the  British  forces,  from  the  places 
and  territories  of  which  the  restitution  was  stipulated  by  the  treaty,  in 
quitting  the  said  places  and  territories : 

"That  the  United  States  are  entitled  to  consider,  as  having  been  so 
carried  away,  all  such  slaves  as  may  have  been  transported  from  the 
above-mentioned  territories  on  board  of  the  British  vessels  within  the 
waters  of  the  said  territories,  and  who,  for  this  reason,  have  not  been 
restored ; 

"But  that,  if  there  should  be  any  American  slaves  who  were  carried 
away  from  territories  of  which  the  first  article  of  the  treaty  of  Ghent 
has  not  stipulated  the  restitution  to  the  United  States,  the  United  States 
are  not  to  claim  any  indemnification  for  the  said  slaves."5 

Under  the  mediation  of  the  Emperor  one  Commissioner 
and  one  Arbitrator  were  appointed  by  each  of  the  parties  to 
determine  the  amount  payable  under  the  award  pursuant  to 
a  further  treaty  concluded  July  12,  1822.  The  Commission 
met  and  agreed  on  the  average  value  of  the  slaves,  but  were 
unable  to  do  more.  The  parties  then  took  the  matter  up  again 
and  concluded  another  treaty  on  Nov.  13,  1826,  by  the  terms 
of  which  Great  Britain  agreed  to  pay  $1,204,960.  for  the 
slaves.6 

4  Senate  Documents,  2nd  Session  6ist  Congress,  47,  p.  613. 

5  Senate  Documents,  47-640. 
G  Senate  Documents,  47-634. 


242  INTERNATIONAL  RELATIONS 

It  will  be  observed  that  the  settlement  of  this  controversy 
in  this  manner  required  four  different  agreements  between  the 
parties  in  interest: — ist.  the  agreement  to  submit  this  particu- 
lar controversy  to  arbitration;  2nd,  agreement  in  the  choice  of 
an  arbitrator;  3rd,  the  agreement  to  submit  to  the  Commis- 
sion the  amount  to  be  paid  under  the  ruling  of  the  Emperor; 
4th,  the  final  agreement  of  the  parties  on  this  amount.  Not- 
withstanding the  incompleteness  of  the  award,  and  of  the  re- 
port of  the  Commission,  each  aided  materially  in  the  settle- 
ment of  the  controversy.  The  award  of  the  Emperor  con- 
strued the  provision  of  the  treaty  that  gave  rise  to  the  con- 
troversy, and  settled  the  question  of  law.  The  Commission 
placed  an  average  valuation  on  the  property  for  which  com- 
pensation was  to  be  made,  leaving  the  number  of  slaves  to  be 
agreed  on  or  determined  otherwise.  Between  friendly  nations, 
seeking  a  settlement  of  their  controversy,  the  arbitration  served 
a  useful  purpose;  between  enemies,  desiring  war,  it  would 
have  been  utterly  futile. 

The  northeastern  boundary  between  the  British  possessions 
and  the  United  States  as  described  in  the  fifth  article  of  the 
treaty  of  Ghent  being  indefinite  and  uncertain,  a  treaty  was 
concluded  on  September  29,  1827,  by  which  it  was  agreed  to 
submit  the  matter  to  arbitration,  and  the  King  of  the  Nether- 
lands was  afterwards  agreed  on  as  Arbiter.  On  January  10, 
1831,  he  submitted  an  award  which  neither  government  ac- 
cepted, and  the  boundary  was  finally  settled  by  agreement  of 
the  parties  by  the  treaty  of  August  9,  i842.7 


The  Civil  War  in  the  United  States  from  1861  to  1865  was 
productive  of  many  complications  in  the  relations  of  the  Union 
with  foreign  countries,  and  especially  with  Great  Britain, 
whose  supply  of  cotton  for  its  mills  had  been  cut  off,  as  well 
as  its  market  for  its  goods  in  the  Confederate  States.  On  the 
other  hand  the  people  of  the  Union  had  many  causes  of  com- 
plaint of  the  conduct  of  the  British  government  as  a  neutral 
power,  and  especially  of  its  allowing  privateers  to  be  built, 

7  Senate  Documents,  2d  Session    6ist  Congress,  47-650. 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  243 

fitted  out,  armed  and  supplied  from  its  ports  to  prey  on  the 
commerce  of  the  United  States.  The  Alabama  had  been  espe- 
cially successful  in  destroying  American  shipping,  and  the 
United  States  demanded  indemnity  for  the  losses  of  its  citi- 
zens. The  bitterness  of  feeling  resulting  from  these  occur- 
rences was  well  calculated  to  provoke  war.  Great  Britain  also 
preferred  claims  on  behalf  of  its  citizens  for  losses  sustained 
by  them  from  the  acts  of  citizens  of  the  United  States  during 
the  war.  There  were,  not  only  these  claims  and  counter- 
claims, but  questions  concerning  the  fisheries,  navigation, 
canals,  and  boundaries,  which  the  governments  of  the  two 
countries  were  unable  to  settle  by  diplomacy.  Arbitration  of 
the  Alabama  claims  was  suggested  to  President  Lincoln  be- 
fore the  termination  of  the  war,8  and  was  discussed  by  the 
press  in  both  countries,  but  the  treaty  providing  for  the  sub- 
mission of  the  various  matters  in  controversy  was  not  signed 
until  May  8,  1871.  As  this  is  by  far  the  most  notable  case  of 
arbitration  of  which  we  have  any  record,  the  treaty  and  pro- 
ceedings under  it  are  worthy  of  extended  mention  here.  The 
controversies  were  between  two  powerful  nations,  speaking  the 
same  language,  and  accepting  in  their  jurisprudence  the  same 
general  principles  of  unwritten  law.  Both  were  vitally  inter- 
ested in  finding  a  peaceful  method  of  adjusting  their  differ- 
ences, for  each  was  largely  dependent  on  the  other  for  its  wel- 
fare and  security.  The  influences  urging  to  an  agreement  were, 
therefore,  unusually  strong.  Both  Governments  appointed 
very  able  men  as  their  plenipotentiaries,  and  the  treaty  they 
framed  deals  with  the  whole  field  of  controversy  in  a  most 
thorough  and  comprehensive  manner.  With  reference  to  the 
Alabama  claims  Article  I  provides : 

"Whereas    differences    have    arisen   between    the    Government    of    the 
United  States  and  the  Government  of  her  Britannic  Majesty,  and  still  < 
exist,  growing  out  of  the  acts  committed  by  the   several  vessels  which 
have  given  rise  to  the  claims  generally  known  as  the  "Alabama  Claims"; 

"And  whereas  Her  Britannic  Majesty  has  authorized  her  High  Com- 
missioners and  Plenipotentiaries  to  express,  in  a  friendly  spirit,  the  regret 
felt  by  Her  Majesty's  Goverment  for  the  escape,  under  whatever  circum- 

8  International  Courts  of  Arbitration,  Balch,   Introduction. 


244  INTERNATIONAL  RELATIONS 

stances,  of  the  Alabama  and  other  vessels  from  British  ports,  and  for  the 
depredations  committed  by  those  vessels ; 

"Now,  in  order  to  remove  and  adjust  all  complaints  and  claims  on  the 
part  of  the  United  States,  and  to  provide  for  the  speedy  settlement  of 
such  claims  which  are  not  admitted  by  Her  Britannic  Majesty's  Govern- 
ment, the  high  contracting  parties  agree  that  all  the  said  claims,  growing 
out.  of  acts  committed  by  the  aforesaid  vessels,  and  generally  known 
as  the  "Alabama  Claims"  shall  be  referred  to  a  tribunal  of  arbitration  to 
be  composed  of  five  Arbitrators,  to  be  appointed  in  the  following  man- 
ner, that  is  to  say:  One  shall  be  named  by  the  President  of  the  United 
States;  one  shall  be  named  by  Her  Britannic  Majesty;  His  Majesty  the 
King  of  Italy  shall  be  requested  to  name  one;  the  President  of  the  Swiss 
Confederation  shall  be  requested  to  name  one;  and  His  Majesty  the 
Emperor  of  Brazil  shall  be  requested  to  name  one."9 

The  article  further  provides  for  filling  vacancies  and  failure 
to  appoint,  or  of  the  arbitrators  to  act,  so  as  to  insure  full 
membership  of  the  tribunal.  The  second  article  provides  that 
the  arbitrators  shall  meet  at  Geneva  and  that  all  questions,  in- 
cluding the  final  award,  shall  be  decided  by  a  majority  of  all 
of  them.  Succeeding  articles  lay  down  the  procedure  and 
rules  governing  the  submission  of  evidence  and  arguments. 

The  parties  were  confronted  with  the  lack  of  certainty  in 
international  law  as  to  the  measure  of  duty  resting  on  a  neutral 
power  to  prevent  such  occurrences  as  those  complained  of  by 
the  United  States.  To  obviate  this  difficulty  they  agreed  on 
three  rules  as  applicable  to  the  case  and  incorporated  them  in 
Article  VI  as  follows : 

"A  neutral  Government  is  bound — 

"First,  to  use  due  diligence  to  prevent  the  fitting  out,  arming  or  equip- 
ping, within  its  jurisdiction,  of  any  vessel  which  it  has  reasonable  ground 
to  believe  is  intended  to  cruise  or  to  carry  on  war  against  a  Power  with 
which  it  is  at  peace;  and  also  to  use  like  diligence  to  prevent  the  depar- 
ture from  its  jurisdiction  of  any  vessel  intended  to  cruise  or  carry  on 
war  as  above,  such  vessel  having  been  specially  adapted,  in  whole  or  in 
part,  within  such  jurisdiction,  to  warlike  use. 

"Secondly,  not  to  permit  or  suffer  either  belligerent  to  make  use  of  its 
ports  or  waters  as  the  base  of  naval  operations  against  the  other,  or 
for  the  purpose  of  the  renewal  or  augmentation  of  military  supplies  or 
arms,  or  the  recruitment  of  men. 

"Thirdly,  to  exercise  due  diligence  in  its  own  ports  and  waters,  and,  as 

9  Senate  Documents,  2d  Session  6ist  Congress,  47-701. 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  245 

to   all  persons   within   its  jurisdiction,   to  prevent  any  violation  of   the 
foregoing  obligations  and  duties."10 

It  is  then  stated  that  the  British  Government  does  not  admit 
that  the  foregoing  rules  state  the  principles  of  international  law 
which  were  in  force  at  the  time  when  the  claims  arose,  but,  to 
strengthen  friendly  relations,  consents  that  "the  Arbitrators 
should  assume  that  Her  Majesty's  Government  had  undertaken 
to  act  upon  the  principles  set  forth  in  these  rules."  Both 
parties  then  agree  to  observe  these  rules  in  the  future  and  in- 
vite other  powers  to  do  so.  The  next  article  provides  that  the 
tribunal  shall  determine  as  to  each  vessel  separately,  whether 
Great  Britain  had  failed  in  the  performance  of  its  duties,  and 
if  it  found  that  it  had  that  it  might,  if  it  thought  proper,  award 
a  sum  in  gross  as  damages.  If  the  Arbitrators  so  found,  but 
failed  to  award  a  sum  in  gross,  Article  X  provided  for  the 
appointment  of  assessors  to  pass  on  the  separate  claims  and 
determine  the  compensation  to  be  paid  on  each.  No  action 
was  necessary  under  this  article,  for  the  Arbitrators  made  an 
award  in  gross.  Both  parties  engaged  to  consider  the  decision 
of  the  Arbitrators  final  and  to  abide  by  it. 

Article  XII  of  the  treaty  provides  for  the  submission  to 
three  Commissioners  of  all  other  war  claims  by  citizens  of  the 
United  States  against  Great  Britain,  and  by  subjects  of  Great 
Britain  against  the  United  States,  one  commissioner  to  be 
named  by  each  government  and  the  third  conjointly,  and,  if 
they  failed  to  agree,  then  the  third  should  be  named  by  the 
Spanish  Minister  at  Washington.  The  succeeding  articles  pro- 
vide for  the  procedure  before  the  Commissioners,  and  that  a 
majority  may  make  an  award  which  both  parties  agree  shall 
be  binding  and  settle  all  the  controversies  over  claims  arising 
during  the  war,  whether  presented  to  the  Commissioners  or  not. 

By  Article  XVIII  inhabitants  of  the  United  States  are  given 
the  right  to  take  fish  on  the  coast  and  in  the  bays  and  harbours 
of  Quebec,  Nova  Scotia,  New  Brunswick,  Prince  Edward's 
and  Magdalen  Islands,  with  certain  shore  privileges  and  sub- 
ject to  exceptions  named,  and  by  Article  XIX  subjects  of  Great 

10  Senate  Documents,  ad  Session,  6ist  Congress,  47,   703. 


246  INTERNATIONAL  RELATIONS 

Britain  were  given  like  privileges  on  the  coast  of  the  United 
States  north  of  the  thirty-ninth  parallel  of  north  latitude.  It  is 
recited  in  Article  XXII  that  it  is  claimed  that  the  privileges 
given  to  the  United  States  under  Article  XVIII  are  more 
valuable  than  those  received  by  Great  Britain  under  Articles 
XIX  and  XXI,  and  it  is  thereupon  agreed  that  a  Commission 
shall  be  appointed  to  determine  the  amount  of  compensation 
that  ought  to  be  paid  by  the  United  States.  These  Commis- 
sioners were  to  be  appointed  one  each  by  the  two  governments 
and  the  third  by  them  jointly,  and  in  case  they  failed  to  agree 
then  by  the  representative  of  the  Emperor  of  Austria  at  Lon- 
don. The  procedure  before  this  Commission  is  also  regulated. 

The  treaty  then  provides  for  the  free  use  of  the  Great  Lakes 
and  the  St.  Lawrence,  Yukon,  Porcupine  and  Stikine  rivers  by 
both  parties,  and  for  mutual  trade  and  transportation  privileges 
along  and  near  the  boundary  of  the  United  States  and  the 
British  Possessions. 

By  Article  XXXIV  the  controversy  as  to  whether  the  boun- 
dary between  the  territory  of  the  two  countries  on  the  north- 
west was  in  the  Rosario  Straits  as  claimed  by  Great  Britain, 
or  in  the  Canal  de  Haro  as  claimed  by  the  United  States,  was 
submitted  to  the  Emperor  of  Germany,  with  power  to  finally 
decide  the  question. 

Though  the  treaty  provided  for  the  submission  of  so  many 
matters  to  arbitration,  it  afforded  a  speedy  and  satisfactory 
solution  of  all  matters  in  dispute.  The  Emperor  of  Germany 
decided  in  favor  of  the  United  States,  thereby  giving  them  the 
disputed  islands.  This  award  was  made  October  21,  1872. 

The  main  controversy  concerning  the  Alabama  claims  was 
determined  with  surprising  expedition,  and  the  award  was 
signed  at  Geneva  September  14,  1872,  by  all  the  arbitrators 
except  Chief  Justice  Cockburn,  the  member  appointed  by  Great 
Britain.  As  this  award  had  the  effect  of  a  final  judgment  in 
a  great  controversy  between  two  of  the  most  powerful  nations 
on  earth  and  deals  with  the  questions  of  law  and  fact  in  detail, 
it  is  of  especial  interest.  After  reciting  the  organization  of  the 
tribunal  the  appearance  of  the  agents  of  the  parties  and  the 
submission  of  the  cases,  counter  cases,  documents,  evidence, 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  247 

and  arguments,  and  that  the  tribunal  had  arrived  at  the  decision 
embodied  in  the  award,  it  proceeds  as  follows : — 

"Whereas,  having  regard  to  the  Vlth  and  Vllth  Articles  of  the  said 
treaty,  the  arbitrators  are  bound  under  the  terms  of  the  Vlth  article,  "in 
deciding  the  matters  submitted  to  them,  to  be  governed  by  the  three  rules 
herein  specified  and  by  such  principles  of  international  law,  not  incon- 
sistent therewith,  as  the  arbitrators  shall  determine  to  have  been  ap- 
plicable to  the  case." 

And  whereas  the  "due  diligence"  referred  to  in  the  first  and  third  of 
said  rules  ought  to  be  exercised  by  neutral  Governments  in  exact  pro- 
portion to  the  risks  to  which  either  of  the  belligerents  may  be  exposed, 
from  a  failure  to  fulfill  the  obligations  of  neutrality  on  their  part; 

And  whereas  the  circumstances  out  of  which  the  facts  constituting 
the  subject  matter  of  the  present  controversy  arose  were  of  a  nature  to 
call  for  the  exercise  on  the  part  of  Her  Britannic  Majesty's  Government 
of  all  possible  solicitude  for  the  observance  of  the  rights  and  the  duties 
involved  in  the  proclamation  of  neutrality  issued  by  her  Majesty  on  the 
I3th  day  of  May,  1861. 

And  whereas  the  effects  of  a  violation  of  neutrality  committed  by  means 
of  the  construction,  equipment  and  armament  of  a  vessel  are  not  done 
away  with  by  any  commission  which  the  Government  of  the  belligerent 
power,  benefited  by  the  violation  of  the  neutrality,  may  afterwards  have 
granted  to  that  vessel ;  and  the  ultimate  step,  by  which  the  offense  is  com- 
pleted cannot  be  admissible  as  a  ground  for  the  absolution  of  the  offender, 
nor  can  the  consummation  of  his  fraud  become  the  means  of  establishing 
his  innocence ; 

And  whereas  the  privilege  of  extraterritoriality  accorded  to  vessels  of 
war  has  been  admitted  into  the  law  of  Nations,  not  as  an  absolute  right, 
but  solely  as  a  proceeding  founded  on  the  principle  of  courtesy  and  mutual 
difference  between  different  nations,  and  therefore  can  never  be  appealed 
to  for  the  protection  of  acts  done  in  violation  of  neutrality; 

And  whereas  the  absence  of  a  previous  notice  cannot  be  regarded  as  a 
failure  in  any  consideration  required  by  the  law  of  nations  in  those  cases 
in  which  a  vessel  carries  with  it  its  own  condemnation ; 

And  whereas  in  order  to  impart  to  any  supplies  of  coal  a  character 
inconsistent  with  the  second  rule  prohibiting  the  use  of  neutral  ports  or 
waters  as  a  base  of  naval  operations  for  a  belligerent  it  is  necessary  that 
the  said  supplies  should  be  connected  with  special  circumstances  of  time, 
of  persons,  or  of  place,  which  may  combine  to  give  them  such  character; 

And  whereas  with  respect  to  the  vessel  called  the  Alabama,  it  clearly  re- 
sults from  all  the  facts  relative  to  the  construction  of  the  ship  at  first 
designated  by  the  number  "290"  in  the  port  of  Liverpool  and  its  equipments 
and  armament  in  the  vicinity  of  Terceira  through  the  agency  of  the 
vessels  called  the  "Aggrippina"  and  the  "Bahama,"  dispatched  from 


248  INTERNATIONAL  RELATIONS 

Great  Britain  to  that  end,  that  the  British  Government  failed  to  use  due 
diligence  in  the  performance  of  its  neutral  obligations;  and  especially  that 
it  omitted,  notwithstanding  the  warnings  and  official  representation  made 
by  the  diplomatic  agents  of  the  United  States  during  the  construction  of 
the  said  number  "290",  to  take  in  due  time  any  effective  measures  of  pre- 
vention, and  that  those  orders  which  it  did  give  at  last,  for  the  detention 
of  the  vessel,  were  issued  so  late  that  their  execution  was  not  practicable; 

And  whereas  after  the  escape  of  that  vess*el,  the  measures  taken  for 
its  pursuit  and  its  arrest  were  so  imperfect  as  to  lead  to  no  result,  and 
therefore  cannot  be  considered  sufficient  to  release  Great  Britain  from 
the  responsibility  already  incurred; 

And  whereas,  in  spite  of  the  violations  of  the  neutrality  of  Great 
Britain  committed  by  the  "290"  this  same  vessel,  later  known  as  the 
Confederate  cruiser  Alabama,  was  on  several  occasions  freely  admitted 
into  the  ports  of  colonies  of  Great  Britain,  instead  of  being  proceeded 
against  as  it  ought  to  have  been  in  any  and  every  port  within  British 
jurisdiction  in  which  it  might  have  been  found; 

And  whereas  the  Government  of  Her  Britannic  Majesty  cannot  justify 
itself  for  a  failure  in  due  diligence  on  the  plea  of  insufficiency  of  the 
legal  means  of  action  which  it  possessed : 

Four  of  the  arbitrators  for  the  reasons  above  assigned  and  the  fifth  for 
the  reasons  separately  signed  by  him, 

Are  of  opinion — 

That  Great  Britain  has  in  this  case  failed  by  omission,  to  fulfill  the 
duties  prescribed  in  the  first  and  the  third  of  the  rules,  established  by  the 
Vlth  article  of  the  treaty  of  Washington. 

And  whereas,  with  respect  to  the  vessel  called  the  "Florida"  it  results' 
from  all  the  facts  relative  to  the  construction  of  the  "Oreto"  in  the  port 
of  Liverpool,  and  to  its  issue  therefrom,  which  facts  failed  to  induce  the 
authorities  in  Great  Britain  to  resort  to  measures  adequate  to  prevent 
the  violation  of  the  neutrality  of  that  nation,  notwithstanding  the  warnings 
and  repeated  representations  of  the  agents  of  the  United  States,  that  Her 
Majesty's  Government  has  failed  to  use  due  diligence  to  fulfill  the  duties 
of  neutrality; 

And  whereas  it  likewise  results  from  all  the  facts  relative  to  the  stay 
of  the  "Oreto"  at  Nassau,  to  her  issue  from  that  port,  to  her  enlistment 
of  men,  to  her  supplies,  and  to  her  armament,  with  the  cooperation  of  the 
British  vessel  "Prince  Alfred"  at  Green  Cay,  that  there  was  negligence  on 
the  part  of  the  British  colonial  authorities : 

And  whereas,  notwithstanding  the  violation  with  Great  Britain  com- 
mitted by  the  Oreto,  his  same  vessel  later  known  as  the  confederate  cruiser 
Florida,  was  nevertheless  on  several  occasions  freely  admitted  into  the 
ports  of  British  colonies; 

And  whereas  the  judicial  acquittal  of  the  "Oreto"  at  Nassau  cannot 
relieve  Great  Britain  from  the  responsibility  incurred  by  her  under  the 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  249 

principles  of  international  law;  nor  can  the  fact  of  the  entry  of  the 
Florida  into  the  confederate  port  of  Mobile,  and  of  its  stay  there  during 
four  months  extinguish  the  responsibility  previous  to  that  time  incurred 
by  Great  Britain; 

For  these  reasons, 

The  tribunal  by  a  majority  of  four  voices  to  one  is  of  opinion — 

That  Great  Britain  has  in  this  case  failed  by  omission  to  fulfill  the  duties 
prescribed  in  the  first,  in  the  second,  and  in  the  third  of  the  rules  estab- 
lished by  article  VI  of  the  treaty  of  Washington. 

And  whereas,  with  respect  to  the  vessel  called  the  "Shenandoah",  it 
results  from  all  the  facts  relative  to  the  departure  from  London  of  the 
merchant  vessel  "The  Sea  King"  and  to  the  transformation  of  that  ship 
into  a  confederate  cruiser  under  the  name  of  the  Shenandoah  near  the 
island  of  Madeira,  that  the  Government  of  Her  Britannic  Majesty  is  not 
chargeable  with  any  failure,  down  to  that  date,  in  the  use  of  all  diligence 
to  fulfill  the  duties  of  neutrality ; 

But  whereas  it  results  from  all  the  facts  connected  with  the  stay  of  the 
Shenandoah  at  Melbourne,  and  especially  with  the  augmentation  which  the 
British  Government  itself  admits  to  have  been  clandestinely  effected  of 
her  force,  by  the  enlistment  of  men  within  that  port,  that  there  was 
negligence  on  the  part  of  the  authorities  of  that  place: 

For  these  reasons, 

The  tribunal  is  unanimously  of  opinion — 

That  Great  Britain  has  not  failed  by  any  act  or  omission,  "to  fulfill 
any  of  the  duties  prescribed  by  the  three  rules  of  article  VI  in  the  treaty 
of  Washington  or  by  the  principles  of  law  not  inconsistent  therewith,  in 
respect  to  the  vessel  called  the  Shenandoah,  during  the  period  of  time 
anterior  to  her  entry  into  the  port  of  ^Melbourne; 

And  by  a  majority  of  three  to  two  voices,  the  tribunal  decides  that 
Great  Britain  has  failed,  by  omission  to  perform  the  duties  prescribed 
by  the  second  and  third  of  rules  aforesaid,  in  the  case  of  this  same  vessel, 
from  and  after  her  entry  into  Hobson's  Bay,  and  is  therefore  responsible 
for  all  acts  committed  by  that  vessel  after  her  departure  from  Melbourne 
on  the  i8th  day  of  February  1865. 

And  as  far  as  relates  to  the  vessels  called — The  Tuscaloosa,  (tender  to 
the  Alabama),  The  Clarence,  The  Tacony  and  The  Archer  (tenders  to 
the  Florida), 

The  tribunal  is  unanimously  of  the  opinion — 

That  such  tenders  or  auxiliary  vessels,  being  properly  regarded  as 
accessories,  must  necessarily  follow  the  lot  of  their  principals,  and  be 
submitted  to  the  same  decision  which  applies  to  them  respectively. 

And  so  far  as  relates  to  the  vessel  called  "Retribution," 

The  tribunal  by  a  majority  of  three  to  two  voices  is  of  opinion — 

That  Great  Britain  has  not  failed  by  any  act  or  omission  to  fulfill  any 
of  the  duties  prescribed  by  the  three  rules  of  article  VI  in  the  treaty  of 


250  INTERNATIONAL  RELATIONS 

Washington,  or  by  the  principles  of  international  law  not  inconsistent 
therewith. 

And  so  far  as  relates  to  the  vessels  called — The  Georgia,  The  Sumter, 
The  Nashville,  The  Tallahassee,  and  the  Chickamauga,  respectively, 

The  tribunal  is  unanimously  of  opinion — 

That  Great  Britain  has  not  failed,  by  any  act  or  omission  to  fulfill 
any  of  the  duties  prescribed  by  the  three  rules  of  articles  VI  in  the  treaty 
of  Washington  or  by  the  principles  of  international  law  not  inconsistent 
therewith. 

And  so  far  as  relates  to  the  vessels  called — The  Sallie,  The  Jefferson 
Davis,  The  Music,  The  Boston  and  the  V.  H.  Joy,  respectively, 

The  tribunal  is  unanimously  of  opinion — 

That  they  ought  to  be  excluded  from  consideration  for  want  of  evidence. 

And  whereas,  so  far  as  relates  to  the  particulars  of  the  indemnity 
claimed  by  the  United  States,  the  cost  of  pursuit  of  the  confederate 
cruisers  are  not,  in  the  judgment  of  the  tribunal,  properly  distinguishable 
from  the  general  expenses  of  the  war  carried  on  by  the  United  States. 

The  tribunal  is  therefore  of  opinion,  by  a  majority  of  three  to  two 
voices — 

That  there  is  no  ground  for  awarding  to  the  United  States  any  sum  by 
way  of  indemnity  under  this  head. 

And  whereas  prospective  earnings  cannot  properly  be  made  the  sub- 
ject of  compensation,  inasmuch  as  they  depend  in  their  nature  upon 
future  and  uncertain  contingencies : 

The  tribunal  is  unanimously  of  opinion — 

That  there  is  no  good  ground  for  awarding  to  the  United  States  any 
sum  by  way  of  indemnity  under  this  head. 

And  whereas  in  order  to  arrive  at  an  equitable  compensation  for  the 
damages  which  have  been  sustained,  it  is  necessary  to  set  aside  all 
double  claims  for  the  same  losses,  and  all  claims  for  "gross  freights" 
so  far  as  they  exceed  "net  freights" ; 

And  whereas  it  is  just  and  reasonable  to  allow  interest  at  a  reasonable 
rate; 

And  whereas,  in  accordance  with  the  spirit  and  letter  of  the  treaty  of 
Washington,  it  is  preferable  to  adopt  the  form  of  adjudication  of  a  sum 
in  gross,  rather  than  refer  the  subject  of  compensation  for  a  further 
discussion  and  deliberation  to  a  board  of  assessors,  as  provided  by  article 
X.  of  the  said  treaty; 

The  tribunal,  making  use  of  the  authority  conferred  upon  it  by  article 
VII.  of  the  said  treaty,  by  a  majority  of  four  voices  to  one  awards  to  the 
United  States  a  sum  of  $15,500,000  in  gold  as  the  indemnity  to  be  paid 
by  Great  Britain  to  the  United  States,  for  the  satisfaction  of  all  the 
claims  referred  to  the  consideration  of  the  tribunal,  conformably  to  the 
provisions  contained  in  article  VII.  of  the  aforesaid  treaty. 

And,  in  accordance  with  the  terms  of  article  XI.  of  the  said  treaty,  the 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  251 

tribunal  declares  that  "all  the  claims  referred  to  in  the  treaty  as  submitted 
to  the  tribunal  are  hereby  fully,  perfectly,  and  finally  settled." 

Further  it  declares,  that  "each  and  every  one  of  the  said  claims,  whether 
the  same  may  or  may  not  have  been  presented  to  the  notice  of,  or  made, 
peferred,  or  laid  before  the  tribunal,  shall  henceforth  be  considered  and 
treated  as  finally  settled,  barred,  and  inadmissible."11 

This  award  was  signed  by  Chas.  Francis  Adams,  Frederick 
Sclopis,  Stampfli  and  Vicomte  d'ltajuba.  It  will  be  observed 
that  its  form  complies  in  all  essential  particulars  with  the  forms 
commonly  used  in  the  judgments  and  decrees  of  the  courts  of 
Great  Britain  and  the  United  States,  and  disposes  of  all  the 
questions  in  detail,  except  that  it  does  not  apportion  the  sum 
allowed  the  private  claimants,  but  leaves  its  distribution  to  the 
government  of  the  United  States. 

The  commission  provided  for  in  articles  XII  to  XVII,  to 
which  was  submitted  the  other  claims  growing  out  of  the  war, 
held  its  final  meeting  on  September  25,  1873,  and  awarded  to 
Great  Britain  $1,929,819  in  gold,  and  disallowed  all  claims  of 
citizens  of  the  United  States  against  Great  Britain.12  The 
commission  provided  for  in  articles  XXII  to  XXV  met  at 
Halifax,  Nova  Scotia,  June  15,  1877,  and  on  November  23, 
1877,  awarded  to  Great  Britain  $5,500,000  in  gold  for  the  dif- 
ference in  value  of  the  fishing  privileges  granted  by  the  treaty.13 

Only  the  year  before  that  in  which  this  treaty,  which  so 
happily  settled  this  long  list  of  controversies  between  the  two 
great  English  speaking  nations,  Great  Britain,  pursuant  to  the 
Protocol  of  the  treaty  of  Paris  of  1856  hereinbefore  men- 
tioned, appealed  to  both  France  and  Prussia  to  arbitrate  their 
differences.  Napoleon  III  was  then  on  the  throne  of  France. 
He  took  offence  at  the  choice  of  a  Hohenzollern  to  the  throne 
of  Spain  and  was  not  satisfied  with  the  mere  non-acceptance 
of  the  throne,  but  insisted  on  guarantees  from  Prussia  that 
such  a  dynastic  combination  should  not  be  made  in  the  future.1* 
Prussia  refused  and  the  war  so  disastrous  to  France  followed. 

11  Senate  Documents,  2d  Session,  61  Congress,  47-718. 

12  Senate  Documents,  2d  Session,  61  Congress,  47-705. 

13  Senate  Documents,  2d  Session,  61  Congress,  47-709. 

14  Halleck's  Int.  Law  I.   500. 


252  INTERNATIONAL  RELATIONS 

Good  offices,  meditation  or  arbitration  could  not  serve  the  pur- 
poses of  imperial  ambition. 

THE  FUR  SEAL  FISHERIES 

The  fur-seal  fisheries  in  Behring's  Sea  gave  rise  to  various 
questions  between  Great  Britain  and  the  United  States,  which 
the  governments  wrere  unable  to  settle  by  diplomacy.  The  seals 
resorted  to  the  islands  to  breed,  but  went  far  out  on  the  sea 
where  they  were  taken  by  fishermen.  The  United  States 
claimed  the  right  to  regulate  the  taking  and  prevent  the  destruc- 
tion of  them.  This  claim  was  denied  by  Great  Britain.  A 
treaty  was  concluded  February  29,  1892,  submitting  the  ques- 
tions on  which  the  governments  differed  to  seven  arbitrators, 
two  each  to  be  appointed  by  the  respective  governments,  one  by 
the  President  of  France,  one  by  the  King  of  Italy,  and  the  other 
by  the  King  of  Sweden  and  Norway.  The  sixth  article  of  the 
treaty  states  five  points  to  be  decided  by  the  arbitrators : — 

"i.  What  exclusive  jurisdiction  in  the  sea  now  known  as  Behring's 
Sea,  and  what  exclusive  rights  in  the  seal  fisheries  therein,  did  Russia 
assert  and  exercise  prior  and  up  to  the  time  of  the  cession  of  Alaska  to 
the  United  States? 

2.  How  far  were  those  claims  of  jurisdiction  as  to  the  seal  fisheries 
recognized  and  conceded  by  Great  Britain? 

3.  Was   the  body   of   water   now   known   as    Behring's    Sea   included 
in  the  phrase  "Pacific  Ocean"  as  used  in  the  treaty  of  1825  between  Great 
Britain  and  Russia;  and  what  rights,  if  any,  in  the  Behring  Sea  were 
held  and  exclusively  exercised  by  Russia  after  said  treaty? 

4.  Did  not  all  the  rights  of  Russia  as  to  jurisdiction,  and  as  to  the  seal 
fisheries  in  Behring's  Sea  east  of  the  water  boundary,  in  the  treaty  between 
the  United  States  and  Russia  on  the  3Oth  of  March,  1867,  pass  unimpaired 
to  the  United  States  under  that  Treaty? 

5.  Has  the  United  States  any  right,  and  if  so,  what  right  of  protec- 
tion or  property  in  the  fur-seals  frequenting  the  islands  of  the  United 
States  in  Behring  Sea  when  such  seals  are  found  outside  the  ordinary 
three-mile  limit?"15 

The  arbitrators  decided  "that  the  United  States  has  not  any 
right  of  protection  or  property  in  the  fur-seals  frequenting  the 
islands  of  the  United  States  in  Behring  Sea,  when  such  seals 
are  found  outside  the  ordinary  three-mile  limit."  Pursuant  to 

15  Senate  Documents,  2d  Session,  6ist  Congress,  47-748. 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  253 

other  provisions  of  the  treaty  the  arbitrators  decided  that  con- 
current regulations  outside  the  jurisdiction  limits  of  the  respec- 
tive governments  were  necessary  and  included  in  their  award 
nine  articles  providing  among  other  things  that  both  govern- 
ments should  forbid  their  citizens  and  subjects  to  kill,  capture 
or  pursue  at  any  time  seals  within  sixty  geographical  miles  of 
the  Pribilov  Islands ;  or  to  kill,  capture  or  pursue  them  during 
the  season  from  May  I  to  July  31  on  the  high  sea  in  the  part 
of  the  Pacific  Ocean,  inclusive  of  Behring  Sea,  which  is  situated 
to  the  North  of  the  35th  degree  of  north  latitude  and  eastward 
of  the  iSoth  degree  of  longitude  from  Greenwich  till  it  strikes 
the  water  boundary  described  in  Article  I  of  the  treaty  of 
1867  between  the  United  States  and  Russia:  that  only  sailing 
vessels  should  be  permitted  to  take  seals,  and  that  each  such 
vessel  should  procure  a  license  from  its  government;  that  the 
use  of  nets,  fire  arms  and  explosives  should  be  forbidden,  ex- 
cept that  shot  guns  might  be  used  outside  of  Behring's  sea.16 

The  award  did  not  fully  dispose  of  all  matters  of  disagree- 
ment on  the  subject  of  the  seal  fisheries,  but  enabled  them  to 
agree  on  temporary  regulations  for  the  prevention  of  the  ex- 
termination of  the  seals.  It  decided  adversely  to  the  United 
States  all  claims  of  exclusive  jurisdiction  over  the  high  seas. 
Nor  does  it  recognize  any  right  in  both  governments  acting  in 
concert  to  make  rules  governing  persons  other  than  their  own 
citizens  and  subjects.  The  high  seas  being  the  common 
property  of  all  nations,  the  regulation  of  their  use  requires  the 
joint  action  of  all  of  them.  The  award  did  not  dispose  of  the 
claims  made  against  the  United  States  for  seizures  and  inter- 
ference with  the  operations  of  British  subjects.  These  claims 
were  subsequently  referred  to  a  commission  which  on  Decem- 
ber 17,  1897,  awarded  the  claimants  $473,151.26  against  the 
United  States." 

The  two  governments  being  unable  to  agree  on  the  boundary 
line  between  Alaska  and  the  British  Dominions  appointed  a 
tribunal  of  six  jurists,  three  of  them  named  by  each  govern- 

16  Senate  Documents,  2d  Session,  61  Congress,  47-751. 

17  Senate  Documents,  2d  Session,  61  Congress,  47-770. 


254  INTERNATIONAL  RELATIONS 

ment,  to  determine  the  line.  This  tribunal,  although  composed 
entirely  of  nationals  of  the  two  parties,  made  an  award  which 
settled  the  controversy. 

The  success  of  these  arbitrations  and  of  those  determining 
matters  in  difference  between  Great  Britain  and  Venezuela, 
treaty  of  1897,  between  the  Argentine  Republic  and  Chile, 
treaty  of  1902,  led  to  a  feeling  among  diplomats  of  great  con- 
fidence in  the  efficacy  of  arbitration  as  a  means  for  the  settle- 
ment of  international  disputes.  The  tripartite  arbitration  of 
the  Samoan  claims  which,  pursuant  to  the  treaty  concluded 
November  7,  1899,  between  the  United  States,  Germany,  and 
Great  Britain,  was  submitted  to  the  King  of  Sweden  and  Nor- 
way as  sole  arbitrator,  resulted  in  a  decision  in  favor  of  Ger- 
many on  October  14,  1902.  King  Oscar  held  that  the  military 
operations  of  Great  Britain  and  the  United  States  between 
i  January  and  13  May,  1899,  were  unwarranted  under  the 
treaty  between  the  three  powers  concluded  at  Berlin  June  14, 
1889,  and  the  principles  of  international  law.  This  arbitration 
was  notable  because  it  submitted  to  a  single  arbitrator  a  ques- 
tion as  to  the  rightfulness  or  wrongfulness  of  the  military 
operations  of  two  of  the  greatest  nations  in  the  world  as  affect- 
ing the  subjects  of  a  third  great  nation.  There  was  plausible 
ground  for  making  the  claim  that  this  was  not  a  justiciable 
matter  because  it  involved  the  honor  of  Great  Britain  and  the 
United  States,  but  no  such  claim  was  made  and  the  contro- 
versy was  settled  by  this  award.18 

The  marked  success  of  arbitration  in  bringing  about  speedy 
and  complete  settlement  of  so  many  controversies  which  might 
have  been  treated  as  grounds  for  war,  induced  the  second 
Hague  Conference  to  devote  great  care  and  attention  to  arbi- 
tration as  a  means  to  be  resorted  to  by  all  nations  for  determin- 
ing those  questions  that  they  were  unable  to  settle  by  diplomacy. 
But  the  convention  finally  agreed  on  does  not  bind  the  nations 
to  submit  any  class  of  disputes  to  arbitration.  It  merely  ap- 
proves and  recommends  it,  provides  a  tribunal  which  may  be 
resorted  to  if  the  parties  so  agree,  and  furnishes  rules  of  pro- 

18  Senate  Documents,  2d  Session  6ist  Congress,  48-1591. 


SETTLEMENT  OF  INTERNATIONAL  DISPUTES  255 

cedure  to  be  followed  where  the  parties  do  not  make  different 
provisions. 

Recent  history  illustrates  with  equal  force  the  need  of  other 
more  drastic  and  efficient  measures  for  the  prevention  of  war 
than  the  facilities  for  arbitration  afforded  by  the  Hague 
tribunal.  Only  a  short  time  before  the  meeting  of  the  first 
Hague  Conference  there  was  war  between  China  and  Japan, 
1894-1895.  This  was  between  Asiatic  powers,  who  were  not 
presumed  by  western  nations  to  be  familiar  with  this  method 
of  settling  differences.  But  in  1898  there  was  war  between 
the  United  States,  which  had  been  a  party  to  so  many  arbitra- 
tions and  was  so  thoroughly  familiar  with  their  uses  and  ad- 
vantages, and- Spain,  the  country  with  which  it  had  made  an 
arbitration  agreement  as  early  as  1795. 

In  October  of  the  year  of  the  first  Hague  Conference,  1899, 
Great  Britain,  the  other  party  to  these  most  notable  arbitra- 
tions, had  the  Boer  war  in  South  Africa,  which  was  not  finally 
settled  until  1902.  Then  followed  the  war  between  Russia  and 
Japan  and  the  fighting  in  the  Balkans. 


CHAPTER  VII 

THE  HAGUE  CONFERENCES 

International  cooperation  seemed  to  be  advancing  by  great 
strides  during  the  last  half  of  the  nineteenth  century.  Con- 
ferences of  diplomatic  representatives  of  large  numbers  of  the 
leading  nations  were  held  with  great  frequency  for  the  pur- 
pose of  making  needed  provisions  in  the  interest  of  all.  As 
results  of  these  conferences  governmental  agencies  acting  in 
behalf  of  many  and  even  of  all  the  nations  of  the  earth  were 
established  with  various  functions.  The  International  Bureau 
of  Weights  and  Measures  at  Paris  gave  exactness  to  the  stand- 
ard on  which  the  metric  system  was  founded  and  provided  for 
prototypes  by  which  the  measures  in  use  in  the  various  coun- 
tries could  be  tested.  Though  the  use  of  this  system  was  not 
universal  it  was  most  nearly  so  of  any,  and  it  was  the  most  com- 
plete and  scientific  system  ever  adopted  anywhere.  The  ad- 
vantages of  the  convention  are  open  to  every  nation  not  a  party 
to  it  on  the  same  terms  as  the  signatory  powers.  The  plan  of 
formulating  conventions  applicable  alike  to  the  needs  of  all 
countries  by  the  representatives  of  a  considerable  number  of 
states  and  inviting  the  adhesion  of  those  not  represented  at  the 
conference  appears  to  be  a  very  modern  and  very  excellent 
method  of  bringing  about  general  agreements,  and  has  come 
into  quite  general  use.  The  Bureau  is  designed  to  be  a  per- 
manent institution,  available  to  all  the  nations.  This  was 
followed  by  the  convention  for  the  protection  of  submarine 
cables  which  dealt  with  the  common  property  of  all  the  nations, 
but  did  not  establish  any  common  governmental  agency.  The 
general  act  for  the  repression  of  the  African  slave  trade  dealt 
with  a  subject  very  different  from  either  of  the  others  just 
named,  covering  a  very  wide  field  of  great  importance.  It 
established  an  international  office  at  Zanzibar,  and  made  a 
branch  of  the  foreign  office  at  Brussels  an  agency  for  the  col- 


THE  HAGUE  CONFERENCES  257 

lection  of  expenses  and  the  exchange  of  documents  and  in- 
formation connected  with  the  operations  provided  for  in  the 
convention.  It  invited  the  adherence  of  the  powers  which 
were  not  parties  to  it.  As  the  result  of  it  the  slave  trade  is 
substantially  at  an  end.  The  convention  providing  for  the 
publication  of  customs  tariffs  established  an  International  Bu- 
reau at  Brussels  to  translate  and  publish  the  customs  tariffs  of 
the  various  states  of  the  globe  and  furnish  them  to  the  nations 
joining  in  the  convention.  Other  powers  are  invited  to  accede 
to  the  convention  and  provision  is  made  for  a  division  of  the 
expenses  connected  with  the  work  of  the  bureau  among  all  the 
powers  taking  advantage  of  the  facilities  it  affords.  The 
Union  is  to  continue  for  seven  years  and  if  not  denounced 
for  succeeding  periods  of  seven  years. 

The  International  Postal  Union  with  its  permanent  Bureau 
at  Berne  had  become  world-wide  in  its  operations  and  a  most 
gratifying  success  in  every  way.  Through  it  all  the  nations 
cooperated  in  facilitating  commercial  and  social  correspond- 
ence between  their  people.  The  conventions  for  the  safety  of 
life  at  sea  resulted  in  great  reduction  of  the  perils  of  naviga- 
tion and  tended  to  close  and  intimate  union  of  effort  by  the 
governments  to  formulate  and  enforce  rules  of  common  safety. 
No  similar  combinations  for  the  general  welfare  of  all  had 
ever  before  been  effected.  Judged  by  the  success  of  these 
international  measures  the  task  of  uniting  all  the  nations  to 
promote  their  common  interests  appeared  entirely  practicable. 

But  the  primal  purpose  of  government,  protection  from 
hostile  aggression  and  preservation  of  peace,  had  not  been  pro- 
vided for  by  any  general  international  agreement.  The  very 
gratifying  success  achieved  through  resort  to  arbitration  in- 
duced the  belief  by  many  earnest  seekers  of  an  alternative  for 
war  that  arbitration  could  be  made  to  furnish  the  needed  relief. 
Though  the  world  had  advanced  very  rapidly  in  population 
and  in  the  development  of  industries,  though  the  discoveries 
of  rich  mines  of  gold  in  Alaska,  South  Africa  and  elsewhere, 
and  the  Vast  productions  of  silver  throughout  the  world  had 
greatly  increased  the  volume  of  metallic  money  in  use,  though 
the  sentiment  of  mankind  had  become  more  and  more  opposed 


258  INTERNATIONAL  RELATIONS 

to  war  as  a  means  of  determining  any  question,  militarism  in 
Europe  continued  to  increase  and  the  resources  of  the  nations 
were  wasted  in  ceaseless  preparation  for  war.  Germany  led 
in  preparation  for  war  on  land.  Its  whole  male  population 
was  subjected  to  thorough  military  discipline,  and  all  its  in- 
dustries and  means  of  communication  were  adjusted  to  the 
requirements  of  military  operations.  By  far  the  greater  part 
of  all  the  public  revenues  were  expended  on  the  military  and 
naval  establishments.  Neighboring  nations  made  correspond- 
ing efforts  to  be  prepared  for  the  emergency  of  war.  Great 
Britain  expended  vast  sums  to  maintain  its  dominion  of  the 
seas,  with  but  little  attention  to  land  forces.  Russia  with  by 
far  the  greatest  area  of  contiguous  territory  and  the  largest 
home  population  needed  all  its  revenues  and  the  energies  of  all 
its  leaders  for  internal  development,  the  promotion  of  new  in- 
dustries, the  education  of  its  vast  multitudes  of  illiterate  people, 
and  the  reformation  of  its  governmental  system.  Though  it 
had  more  men  for  its  armies  than  any  other  European  nation,  it 
was  not  nearly  so  well  equipped  for  the  production  of  munitions 
as  its  German  neighbors.  Feeling  the  need  of  all  its  means 
for  better  uses  than  war  the  Czar  and  his  advisers  proposed  an 
international  conference  to  bring  about  concerted  action  of 
all  the  powers  for  the  maintenance  of  peace  between  nations, 
the  reduction  of  armaments  and  the  amelioration  of  the  hard- 
ships of  war. -This  proposal  was  responded  to  by  Germany, 
Austria-Hungary,  Belgium,  Denmark,  Spain,  Portugal,  Roum- 
ania,  Servia,  France,  Great  Britain,  Greece,  Italy,  Luxemburg, 
Montenegro,  the  Netherlands,  Sweden  and  Norway,  Switzer- 
land, Turkey,  and  Bulgaria,  of  the  European  nations,  by  China, 
Japan,  Persia  and  Siam  of  the  Asiatic  nations,  and  by  the 
United  States  and  Mexico,  of  America.  Central  and  South 
America  were  not  represented.  The  conference  assembled  at 
The  Hague  on  May  18,  1899;  it  was  presided  over  by  Baron 
de  Staal  of  Russia  and  its  sessions  continued  until  July  29th, 
with  one  hundred  delegates  in  attendance.  No  such  gathering 
of  diplomats  had  ever  before  been  assembled,  and  great  hopes 
were  entertained  of  its  ability  to  accomplish  in  the  field  of 
international  pacification  results  similar  to  those  already 


THE  HAGUE  CONFERENCES  259 

achieved  in  the  lines  above  mentioned.  The  work  of  the  con- 
ference resulted  in  the  signing  by  all  the  nations  represented  of 
a  general  act  consisting  of  three  conventions,  three  declara- 
tions and  six  resolutions.  The  first  of  the  conventions  was  for 
the  pacific  settlement  of  international  disputes,1  the  second, 
for  the  adaptation  to  maritime  warfare  of  the  principles  of 
the  Geneva  convention,2  and  the  third  with  respect  to  the  laws 
and  customs  of  war  on  land.3  The  first  and  most  important 
of  these  provided  for  the  establishment  of  a  Permanent  Court 
of  Arbitration  at  the  Hague,  with  a  Permanent  Administra- 
tive Council,  composed  of  the  diplomatic  representatives  of 
the  signatory  powers  accredited  to  the  Hague  and  an  Interna- 
tional Bureau  under  its  direction.  The  three  declarations  pro- 
hibit the  use  of  projectiles  or  explosives  from  balloons  for  a 
period  of  five  years;  the  employment  of  projectiles  which 
diffuse  asphyxiating  or  other  deleterious  gases;  and  the  use 
of  bullets  which  expand  or  flatten  easily  in  the  human  body. 
The  six  resolutions  express  the  opinion  that  the  military  bur- 
dens which  now  weigh  so  heavily  on  the  world  may  be  light- 
ened, in  the  interest  of  the  moral  and  material  well-being  of 
humanity ;  that  the  duties  of  neutrals,  the  inviolability  of 
private  property  in  maritime  warfare,  and  the  question  of  the 
bombardment  of  towns  should  be  referred  to  a  future  con- 
ference,4 and  that  the  questions  of  the  types  and  calibres  of 
maritime  artillery  and  small  arms  and  the  size  of  naval  and 
military  budgets  should  be  studied  with  a  view  to  establishing 
uniformity  in  the  former  and  a  reduction  of  the  latter. 

The  Permanent  Court  of  Arbitration  was  duly  organized 
and  the  United  States  and  Mexico  \vere  the  first  powers  to  re- 
sort to  it  for  the  settlement  of  a  matter  of  difference  between 
them  in  the  summer  of  1902.  (i)  It  has  since  been  resorted 
to  by  other  nations  on  various  occasions. 

All  these  conventions  were  superseded  by  others  on  the  same 
subjects  adopted  at  the  second  Hague  conference.  On  October 

1  Senate  Documents,  2d  Session,  6ist  Congress,  48,  2016. 

2  Id.  48,   2035. 

3  Id.  48,  2042. 

4  Messages  and  Papers  of  the  Presidents,  XI,  371. 


260  INTERNATIONAL  RELATIONS 

21,  1904,  the  United  States  proposed  to  the  other  powers  a 
second  peace  conference.  This  conference  met  at  The  Hague 
on  June  15,  1907,  on  the  invitation  of  the  Czar  of  Russia  and 
the  Queen  of  the  Netherlands,  extended  pursuant  to  the  pro- 
posal of  the  President  of  the  United  States.  It  was  presided 
over  by  the  Russian  ambassador  at  Paris,  M,  Nelidoff  and 
continued  its  sessions  till  October  18,  1907. 

At  this  Conference  the  following  Powers  were  represented 
and  took  part :  Germany,  United  States,  Argentine  Republic, 
Austria-Hungary,  Belgium,  Bolivia,  Brazil,  Bulgaria,  Chile, 
China,  Colombia,  Cuba,  Denmark,  The  Dominican  Republic, 
Ecuador,  Spain,  France,  Great  Britain,  Greece,  Guatemala, 
Hayti,  Italy,  Japan,  Luxemburg,  Mexico,  Montenegro,  Nica- 
ragua, Norway,  Panama,  Paraguay,  The  Netherlands,  Peru, 
Persia,  Portugal,  Roumania,  Russia,  Salvador,  Servia,  Siam, 
Sweden,  Switzerland,  Turkey,  Uruguay  and  Venezuela,  num- 
bering forty-four  in  all. 

At  a  series  of  meetings  held  from  June  15  to  October  18, 
fourteen  conventions  were  drawn  up  and  submitted  for  sig- 
nature by  the  Plenipotentiaries  as  follows: 

1.  Convention  for  the  Pacific  Settlement  of  International 
Disputes. 

2.  Convention  respecting  the  Limitation  of  the  Employ- 
ment of  Force  for  the  Recovery  of  Contract  Debts. 

3.  Convention  relative  to  the  Opening  of  Hostilities. 

4.  Convention  respecting  the  Laws  and  Customs  of  War 
on  Land. 

5.  Convention  respecting  the  Rights  and  Duties  of  Neutral 
Powers  and  Persons  in  case  of  War  on  Land. 

6.  Convention  relating  to  the  Status  of  Enemy  Merchant 
Ships  at  the  outbreak  of  Hostilities. 

7.  Convention  relative  to  the  Conversion  of   Merchant- 
Ships  into  War-Ships. 

8.  Convention  relative  to  the  Laying  of  Automatic  Sub- 
marine Contact  Mines. 

9.  Convention  respecting  Bombardment  by  Naval  Forces 
in  Time  of  War. 


THE  HAGUE  CONFERENCES  261 

10.  Convention  for  the  adaptation  to  Naval  War  of  the 
Principles  of  the  Geneva  Convention. 

11.  Convention  relative  to  Certain  Restrictions  with  regard 
to  the  Exercise  of  the  Right  of  Capture  in  Naval  War. 

12.  Convention  relative  to  the  creation  of  an  International 
Prize  Court. 

13.  Convention    concerning    the    Rights    and    Duties    of 
Neutral  Powers  in  Naval  War. 

14.  Declaration  prohibiting  the  discharge  of   Projectiles 
and  Explosives  from  Balloons. 

Full  copies  of  these  convention  are  given  below  and  they 
will  be  considered  in  their  order.  The  first  continued  the  Per- 
manent Court  of  Arbitration  which  is  still  maintained. 

CONVENTION  FOR  THE  PACIFIC  SETTLEMENT  OF  INTERNATIOAL  DISPUTES 

Article  i.  With  a  view  to  obviating  as  far  as  possible  recourse  to 
force  in  the  relations  between  States,  the  Contracting  Powers  agree  to 
use  their  best  efforts  to  ensure  the  pacific  settlement  of  international 
differences. 

Art.  2.  In  case  of  serious  disagreement  or  dispute,  before  an  appeal 
to  arms,  the  Contracting  Powers  agree  to  have  recourse,  as  far  as  cir- 
cumstances allow,  to  the  good  offices  or  meditation  of  one  or  more  friendly 
Powers. 

Art.  3.  Independently  of  this  recourse,  the  Contracting  Powers  deem  it 
expedient  and  desirable  that  one  or  more  Powers,  strangers  to  the  dispute, 
should,  on  their  own  initiative  and  as  far  as  circumstances  may  allow, 
offer  their  good  offices  or  mediation  to  the  States  at  variance. 

Powers  strangers  to  the  dispute  have  the  right  to  offer  good  offices 
or  mediation  even  during  the  course  of  hostilities. 

The  exercise  of  this  right  can  never  be  regarded  by  either  of  the  parties 
in  the  dispute  as  an  unfriendly  act. 

Art.  4.  The  part  of  the  mediator  consists  in  reconciling  the  opposing 
claims  and  appeasing  the  feelings  of  resentment  which  may  have  arisen 
between  the  States  at  variance. 

Art.  5.  The  functions  of  the  mediator  are  at  an  end  when  once  it  is 
declared,  either  by  one  of  the  parties  to  the  dispute  or  by  the  mediator 
himself,  that  the  means  of  reconciliation  proposed  by  him  are  not  ac- 
cepted. 

Art.  6.  Good  offices  and  mediation  undertaken,  either  at  the  request 
of  the  parties  in  dispute  or  on  the  initiative  of  Powers  strangers  to  the 
dispute  have  exclusively  the  character  of  advice,  and  never  have  binding 
force. 


262  INTERNATIONAL  RELATIONS 

Art.  7.  The  acceptance  of  mediation  cannot,  unless  there  be  an  agree- 
ment to  the  contrary,  have  the  effect  of  interrupting,  or  hindering  mobiliza- 
tion or  other  measures  of  preparation  for  war. 

If  it  takes  place  after  the  commencement  of  hostilities,  the  military 
operations  in  progress  are  not  interrupted  in  the  absence  of  any  agree- 
ment to  the  contrary. 

Art.  8.  The  Contracting  Powers  are  agreed  in  recommending  the 
application,  when  circumstances  allow,  of  special  mediation  in  the  follow- 
ing form : — 

In  case  of  a  serious  difference  endangering  peace,  the  States  at  variance 
choose  a  Power,  to  which  they  entrust  the  mission  of  entering  into  direct 
communication  with  the  Power  chosen  on  the  other  side,  with  the  object 
of  preventing  the  rupture  of  pacific  relations. 

For  the  period  of  this  mandate,  the  term  of  which,  unless  otherwise 
stipulated,  cannot  exceed  thirty  days,  the  States  in  dispute  cease  from 
all  direct  communication  on  the  subject  of  the  dispute,  which  is  regarded  as 
referred  exclusively  to  the  mediating  Powers,  which  must  use  their  best 
efforts  to  settle  it. 

In  case  of  a  definite  rupture  of  pacific  relations,  these  Powers  are 
charged  with  the  joint  task  of  taking  advantage  of  any  opportunity  to 
restore  peace. 

Part  III.     International  Commission  of  Inquiry 

Art.  9.  In  disputes  of  an  international  nature  involving  neither  honor 
nor  vital  interests,  and  arising  from  a  difference  of  opinion  on  points  of 
fact,  the  Contracting  Powers  deem  it  expedient  and  desirable  that  the 
parties  who  have  not  been  able  to  come  to  an  agreement  by  means  of 
diplomacy,  should,  as  far  as  circumstances  allow,  institute  an  Interna- 
tional Commission  of  Inquiry,  to  facilitate  a  solution  of  these  disputes 
by  elucidating  the  facts  by  means  of  an  impartial  and  conscientious  in- 
vestigation. 

Art.  10.  International  Commissions  of  Inquiry  are  constituted  by 
special  agreement  between  the  parties  in  dispute. 

The  Inquiry  Convention  defines  the  facts  to  be  examined;  it  determines 
the  mode  and  time  in  which  the  Commission  is  to  be  formed  and  the  ex- 
tent of  the  powers  of  the  Commissioners. 

It  also  determines,  if  there  is  need,  where  the  Commission  is  to  sit,  and 
whether  it  may  remove  to  another  place,  the  language  the  Commission  shall 
use  and  the  languages  the  use  of  which  shall  be  authorized  before  it,  as 
well  as  the  date  on  which  each  party  must  deposit  its  statement  of  facts, 
and,  generally  speaking,  all  the  conditions  upon  which  the  parties  have 
agreed. 

If  the  parties  consider  it  necessary  to  appoint  Assessors,  the  Conven- 
tion of  Inquiry  shall  determine  the  mode  of  their  selection  and  the  extent 
of  their  powers. 


THE  HAGUE  CONFERENCES  263 

Art.  II.  If  the  Inquiry  Convention  has  not  determined  where  the  Com- 
mission is  to  sit,  it  will  sit  at  The  Hague. 

The  place  of  meeting,  once  fixed,  cannot  be  altered  by  the  Commission 
except  with  the  assent  of  the  parties. 

If  the  Inquiry  Convention  has  not  determined  what  languages  are  to 
be  employed,  the  question  shall  be  decided  by  the  Commission. 

Art.  12.  Unless  an  undertaking  is  made  to  the  contrary,  Commissioners 
of  Inquiry  shall  be  formed  in  the  manner  determined  by  articles  45  and 
57  of  the  present  Convention. 

Art.  13.  Should  one  of  the  Commissioners  or  one  of  the  Assessors, 
should  there  be  any,  either  die,  or  resign,  or  be  unable  for  any  reason  to 
discharge  his  functions,  the  same  procedure  is  followed  for  filling  the 
vacancy  as  was  followed  for  appointing  him. 

Art.  14.  The  parties  are  entitled  to  appoint  special  agents  to  attend 
the  Commission  of  Inquiry,  whose  duty  it  is  to  represent  them  and  to 
act  as  intermediaries  between  them  and  the  Commission. 

They  are  further  authorized  to  engage  counsel  or  advocates,  appointed 
by  themselves,  to  state  their  case  and  uphold  their  interests  before  the 
Commission. 

Art.  15.  The  International  Bureau  of  the  Permanent  Court  of  Arbitra- 
tion acts  as  registry  for  the  Commissions  which  sit  at  The  Hague,  and 
shall  place  its  offices  and  staff  at  the  disposal  of  the  Contracting  Powers 
for  the  use  of  the  Commission  of  Inquiry. 

Art.  16.  If  the  Commission  meets  elsewhere  than  at  The  Hague,  it 
appoints  a  Secretary-General,  whose  office  serves  as  registry. 

It  is  the  function  of  the  registry,  under  the  control  of  the  President, 
to  make  the  necessary  arrangements  for  the  sittings  of  the  Commission, 
the  preparation  of  the  Minutes,  and,  while  the  inquiry  lasts,  for  the 
charge  of  the  archives,  which  shall  subsequently  be  transferred  to  the 
International  Bureau  at  The  Hague. 

Art.  17.  In  order  to  facilitate  the  constitution  and  working  of  Com- 
missions of  Inquiry,  the  Contracting  Powers  recommend  the  following 
rules,  which  shall  be  applicable  to  the  inquiry  procedure  in  so  far  as  the 
parties  do  not  adopt  other  rules. 

Art.  18.  The  Commission  shall  settle  the  details  of  the  procedure  not 
covered  by  the  special  Inquiry  Convention  or  the  present  Convention, 
and  shall  arrange  all  the  formalities  required  for  dealing  with  the  evidence. 

Art.  19.     On  the  inquiry  both  sides  must  be  heard. 

At  the  dates  fixed,  either  party  communicates  to  the  Commission  and 
to  the  other  party  the  statements  of  fact,  if  any,  and,  in  all  cases,  the 
instruments,  papers,  and  documents  which  it  considers  useful  for  ascer- 
taining the  truth,  as  well  as  a  list  of  witnesses  and  experts  whose  evidence 
it  wishes  to  be  heard. 

Art.  20.  The  Commission  is  entitled,  with  the  assent  of  the  Powers, 
to  move  temporarily  to  any  place  where  it  considers  it  may  be  useful  to 


264  INTERNATIONAL  RELATIONS 

have  recourse  to  this  means  of  inquiry  or  to  send  one  or  more  of  its 
members.  Permission  must  be  obtained  from  the  State  on  whose  territory 
it  is  proposed  to  hold  the  inquiry. 

Art.  21.  Every  investigation,  and  every  examination  of  a  locality,  must 
be  in  the  presence  of  the  agents  and  counsel  of  the  parties  or  after  they 
have  been  duly  summoned. 

Art.  22.  The  Commission  is  entitled  to  ask  from  either  party  for  such 
explanations  and  information  as  it  considers  necessary. 

Art.  23.  The  parties  undertake  to  supply  the  Commission  of  Inquiry,  as 
fully  as  they  may  think  possible,  with  all  means  and  facilities  necessary 
to  enable  it  to  become  completely  acquainted  with,  and  to  accurately 
understand,  the  facts  in  question. 

They  undertake  to  make  use  of  the  means  at  their  disposal,  under  their 
municipal  law,  to  insure  the  appearance  of  the  witnesses  or  experts  who 
are  in  their  territory  and  have  been  summoned  before  the  Commission. 

If  the  witnesses  or  experts  are  unable  to  appear  before  the  Commission, 
the  parties  will  arrange  for  their  evidence  to  be  taken  before  the  qualified 
officials  of  their  own  country. 

Art.  24.  For  all  notices  to  be  served  by  the  Commission  in  the  ter- 
ritory of  a  third  Contracting  Power,  the  Commission  shall  apply  direct  to 
the  Government  of  the  said  Power.  The  same  rule  applies  in  the  case  of 
steps  being  taken  on  the  spot  to  procure  evidence. 

The  requests  for  this  purpose  are  to  be  executed  so  far  as  the  means 
at  the  disposal  of  the  Power  applied  to  under  its  municipal  law  allow. 
They  cannot  be  rejected  unless  the  Power  in  question  considers  they  are 
calculated  to  impair  its  sovereign  rights  or  its  safety. 

The  Commission  will  equally  be  always  entitled  to  act  through  the 
Power  on  whose  territory  it  sits. 

Art.  25.  The  witnesses  and  experts  are  summoned  on  the  request  of 
the  parties  or  by  the  Commission  of  its  own  motion,  and,  in  every  case, 
through  the  Government  of  the  State  in  whose  territory  they  are. 

The  witnesses  are  heard  in  succession  and  separately,  in  the  presence 
of  the  agents  and  counsel,  and  in  the  order  fixed  by  the  Commission. 

Art.  26.    The  examination  of  witnesses  is  conducted  by  the  President. 

The  members  of  the  Commission  may  however  put  to  each  witness 
questions  which  they  consider  likely  to  throw  light  on  and  complete  his 
evidence,  or  get  information  on  any  point  concerning  the  witness  within 
the  limits  of  what  is  necessary  in  order  to  get  at  the  truth. 

The  agents  and  counsel  of  the  parties  may  not  interrupt  the  witness 
when  he  is  making  his  statement,  nor  put  any  direct  question  to  him,  but 
they  may  ask  the  President  to  put  such  additional  questions  to  the  witness 
as  they  think  expedient. 

Art.  27.  The  witness  must  give  his  evidence  without  being  allowed 
to  read  any  written  draft.  He  may,  however,  be  permitted  by  the  President 
to  consult  notes  or  documents  if  the  nature  of  the  facts  referred  to  neces- 
sitates their  employment. 


THE  HAGUE  CONFERENCES  265 

Art.  28.  A  Minute  of  the  evidence  of  the  witness  is  drawn  up  forth- 
with and  read  to  the  witness.  The  latter  may  make  such  alterations  and 
additions  as  he  thinks  necessary,  which  will  be  recorded  at  the  end  of 
his  statement. 

When  the  whole  of  his  statement  has  been  read  to  the  witness,  he  is 
asked  to  sign  it. 

Art.  29.  The  agents  are  authorized,  in  the  course  of  or  at  the  close  of 
the  inquiry,  to  present  in  writing  to  the  Commission  and  to  the  other 
party  such  statements,  requisitions,  or  summaries  of  the  facts  as  they 
consider  useful  for  ascertaining  the  truth. 

Art.  30.  The  Commission  considers  its  decisions  in  private  and  the 
proceedings  are  secret. 

All  questions  are  decided  by  a  majority  of  the  members  of,  the  Com- 
mission. 

If  a  member  declines  to  vote,  the  fact  must  be  recorded  in  the  Minutes. 

Art.  31.  The  sittings  of  the  Commission  are  not  public,  nor  the  Minutes 
and  documents  connected  with  the  inquiry  published  except  in  virtue  of 
a  decision  of  the  Commission  taken  with  the  consent  of  the  parties. 

Art.  32.  After  the  parties  have  presented  all  the  explanations  and 
evidence,  and  the  witnesses  have  all  been  heard,  the  President  declares 
the  inquiry  terminated,  and  the  Commission  adjourns  to  deliberate  and 
to  draw  up  its  Report. 

Art.  33.  The  Report  is  signed  by  all  the  members  of  the  Commission. 
If  one  of  the  members  refuses  to  sign,  the  fact  is  mentioned;  tut  the 
validity  of  the  Report  is  not  affected. 

Art.  34.  The  Report  of  the  Commission  is  read  at  a  public  sitting,  the 
agents  and  counsel  of  the  parties  being  present  or  duly  summoned. 

A  copy  of  the  Report  is  given  to  each  party. 

Art.  35.  The  report  of  the  Commission  is  limited  to  a  statement  of 
facts,  and  has  in  no  way  the  character  of  an  Award.  It  leaves  the  parties 
entire  freedom  as  to  the  effect  to  be  given  to  the  statement. 

Art.  36.  Each  party  pays  its  own  expenses  and  an  equal  share  of  the 
expenses  incurred  by  the  Commission. 

Part  IV.    International  Arbitration 

Chapter  I.— The  System  of  Arbitration 

Art.  37.  International  arbitration  has  for  its  object  the  settlement  of 
disputes  between  States  by  Judges  of  their  own  choice  and  on  the  basis 
of  respect  for  law. 

Recourse  to  arbitration  implies  an  engagement  to  submit  in  good  faith 
to  the  Award. 

Art.  38.  In  questions  of  a  legal  nature,  and  especially  in  the  interpre- 
tation or  application  of  International  .Conventions,  arbitration  is  recog- 
nized by  the  Contracting  Powers  as  the  most  effective,  and,  at  the  same 


266  INTERNATIONAL  RELATIONS 

time,  the  most  equitable  means  of  settling  disputes  which  diplomacy  has 
failed  to  settle. 

Consequently,  it  would  be  desirable  that,  in  disputes  about  the  above 
mentioned  questions,  the  Contracting  Powers  should,  if  the  case  arose, 
have  recourse  to  arbitration,  in  so  far  as  circumstances  permit. 

Art.  39.  The  Arbitration  Convention  is  concluded  for  questions  already 
existing  or  for  questions  which  may  arise  eventually. 

It  may  embrace  any  dispute  or  only  disputes  of  a  certain  category. 

Art.  40.  Independently  of  general  or  private  Treaties  expressly  stip- 
ulating recourse  to  arbitration  as  obligatory  on  the  Contracting  Powers, 
the  said  Powers  reserve  to  themselves  the  right  of  concluding  new  Agree- 
ments, general  or  particular,  with  a  view  to  extending  compulsory  ar- 
bitration to  all  cases  which  they  may  consider  it  possible  to  submit  to  it. 

Chapter  II — The  Permanent  Court  of  Arbitration 

Art.  41.  With  the  object  of  facilitating  an  immediate  recourse  to 
arbitration  for  international  differences,  which  it  has  not  been  possible 
to  settle  by  diplomacy,  the  Contracting  Powers  undertake  to  maintain  the 
Permanent  Court  of  Arbitration,  as  established  by  the  First  Peace  Con- 
ference, accessible  at  all  times,  and  operating,  unless  otherwise  stipulated 
by  the  parties,  in  accordance  with  the  rules  of  procedure  inserted  in  the 
present  Convention. 

Art.  41.  The  Permanent  Court  is  composed  for  all  arbitration  cases, 
unless  the  parties  agree  to  institute  a  special  Tribunal. 

Art.  42.     The  Permanent  Court  sits  at  The  Hague. 

An  International  Bureau  serves  as  registry  for  the  Court.  It  is  the 
channel  for  communications  relative  to  the  meetings  of  the  Court;  it  has 
charge  of  the  archives  and  conducts  all  the  administrative  business. 

The  Contracting  Powers  undertake  to  communicate  to  the  Bureau,  as 
soon  as  possible,  a  certified  copy  of  any  conditions  of  arbitration  arrived 
at  between  them  and  of  any  Award  concerning  them  delivered  by  a  special 
Tribunal. 

They  likewise  undertake  to  communicate  to  the  Bureau  the  laws, 
regulations,  and  documents  eventually  showing  the  execution  of  the 
Awards  given  by  the  Court. 

Art.  43.  Each  Contracting  Power  selects  four  persons  at  the  most,  of 
known  competency  in  questions  of  international  law,  of  the  highest  moral 
reputation,  and  disposed  to  accept  the  duties  of  Arbitrator. 

The  persons  thus  selected  are  inscribed,  as  members  of  the  Court,  in  a 
list  which  shall  be  notified  to  all  the  Contracting  Powers  by  the  Bureau. 

Any  alteration  in  the  list  of  Arbitrators  is  brought  by  the  Bureau  to 
the  knowledge  of  the  Contracting  Powers.  Two  or  more  Powers  may 
agree  on  the  selection  in  common  of  one  or  more  members. 

The  same  person  can  be  selected  by  different  Powers.     The  members 


THE  HAGUE  CONFERENCES  267 

of  the  Court  are  appointed  for  a  term  of  six  years.  These  appointments 
are  renewable. 

Should  a  member  of  the  Court  die  or  resign,  the  same  procedure  is 
followed  for  filling  the  vacancy  as  was  followed  for  appointing  him. 
In  this  case  the  appointment  is  made  for  a  fresh  period  of  six  years. 

Art.  45.  When  the  Contracting  Powers  wish  to  have  recourse  to  the 
Permanent  Court  for  the  settlement  of  a  difference  which  has  arisen 
between  the'm,  the  Arbitrators  called  upon  to  form  the  Tribunal  with 
jurisdiction  to  decide  this  difference  must  be  chosen  from  the  general 
list  of  members  of  the  Court. 

Failing  the  direct  agreement  of  the  parties  on  the  composition  of  the 
Arbitration  Tribunal,  the  following  course  shall  be  pursued : — 

Each  party  appoints  two  Arbitrators,  of  whom  one  only  can  be  its 
national,  or  chosen  from  among  the  persons  selected  by  it  as  members 
of  the  Permanent  Court.  These  Arbitrators  together  choose  an  Umpire. 

If  the  votes  are  equally  divided,  the  choice  of  the  Umpire  is  intrusted  to 
a  third  Power,  selected  by  the  parties  by  common  accord. 

If  an  agreement  is  not  arrived  at  on  this  subject  each  party  selects  a 
different  Power,  and  the  choice  of  the  Umpire  is  made  in  concert  by  the 
Powers  thus  selected. 

If,  within  two  months'  time,  these  two  Powers  cannot  come  to  an 
agreement,  each  of  them  presents  two  candidates  taken  from  the  list  of 
members  of  the  Permanent  Court,  exclusive  of  the  members  selected  by  the 
parties  and  not  being  nationals  of  either  of  them.  Drawing  lots  determines 
which  of  the  candidates  thus  presented  shall  be  Umpire. 

Art.  46.  The  Tribunal  being  thus  composed,  the  parties  notify  to  the 
Bureau  their  determination  to  have  recourse  to  the  Court,  the  text  of  their 
"Compromis,"  and  the  names  of  the  Arbitrators. 

The  Bureau  communicates  without  delay  to  each  Arbitrator  the  "Com- 
promis," and  the  names  of  the  other  members  of  the  Tribunal. 

The  Tribunal  assembles  at  the  date  fixed  by  the  parties.  The  Bureau 
makes  the  necessary  arrangements  for  the  meeting. 

The  members  of  the  Tribunal,  in  the  exercise  of  their  duties  and  out 
of  their  own  country,  enjoy  diplomatic  privileges  and  immunities. 

Art.  47.  The  Bureau  is  authorized  to  place  its  offices  and  staff  at  the 
disposal  of  the  Contracting  Powers  for  the  use  of  any  special  Board  of 
Arbitration. 

The  jurisdiction  of  the  Permanent  Court  may,  within  the  conditions  laid 
down  in  the  regulations,  be  extended  to  disputes  between  non-Contracting 
Powers  or  between  Contracting  Powers  and  non-Contracting  Powers,  if 
the  parties  are  agreed  on  recourse  to  this  Tribunal. 

Art.  48.  The  Contracting  Powers  consider  it  their  duty,  if  a  serious 
dispute  threatens  to  break  out  between  two  or  more  of  them,  to  remind 
these  latter  that  the  Permanent  Court  is  open  to  them. 

Consequently  they  declare  that  the   fact  of   reminding  the  parties  at 


268  INTERNATIONAL  RELATIONS 

variance  of  the  provisions  of  the  present  Convention,  and  the  advice 
given  to  them,  in  the  highest  interest  of  peace,  to  have  recourse  to  the 
Permanent  Court,  can  only  be  regarded  as  friendly  actions. 

In  case  of  dispute  between  two  Powers,  one  of  them  can  always  address 
to  the  International  Bureau  a  note  containing  a  declaration  that  it  would 
be  ready  to  submit  the  dispute  to  arbitration. 

The  Bureau  must  at  once  inform  the  other  Power  of  the  declaration. 

Art.  49.  The  Permanent  Administrative  Council,  composed  of  the 
Diplomatic  Representatives  of  the  Contracting  Powers  accredited  to  The 
Hague  and  the  Netherlands  Minister  for  Foreign.  Affairs,  who  will  act 
as  President,  is  charged  with  the  direction  and  control  of  the  International 
Bureau. 

The  Council  settles  its  rules  of  procedure  and  all  other  necessary 
regulations. 

It  decides  all  questions  of  administration  which  may  arise  with  reference 
to  the  operations  of  the  Court. 

It  has  entire  control  over  the  appointment,  suspension,  or  dismissal  of 
the  officials  and  employes  of  the  Bureau. 

It  faxes  the  payments  and  salaries,  and  controls  the  general  expenditure. 

At  meetings  duly  summoned  the  presence  of  nine  members  is  sufficient 
to  render  valid  the  discussions  of  the  Council.  The  decisions  are  taken  by 
a  majority  of  votes. 

The  Council  communicates  to  the  Contracting  Powers  without  delay 
the  regulations  adopted  by  it,  it  furnishes  them  with  an  annual  report  on 
the  labours  of  the  Court,  the  working  of  the  administration,  and  the 
expenditure.  The  Report  likewise  contains  a  resume  of  what  is  important 
in  the  documents  communicated  to  the  Bureau  by  the  Powers  in  virtue  of 
Article  43,  paragraphs  3  and  4. 

Art.  50.  The  expenses  of  the  Bureau  shall  be  borne  by  the  Contracting 
Powers  in  the  proportion  fixed  for  the  International  Bureau  of  the  In- 
ternational Postal  Union. 

The  expenses  to  be  charged  to  the  adhering  Powers  shall  be  reckoned 
from  the  date  on  which  their  adhesion  comes  in  force. 

Art.  51.  With  a  view  to  encouraging  the  development  of  arbitration, 
the  Contracting  Powers  have  agreed  on  the  following  rules,  which  are 
applicable  to  arbitration  procedure,  unless  other  rules  have  been  agreed 
on  by  the  parties. 

Art.  52.  The  Powers  which  have  recourse  to  arbitration  sign  a 
"Compromis"  in  which  the  subject  of  the  dispute  is  clearly  defined,  the 
time  allowed  for  appointing  Arbitrators,  the  form,  order,  and  time  which 
the  communication  referred  to  in  Article  63  must  be  made,  and  the 
amount  of  the  sam  which  each  party  must  deposit  in  advance  to  defray 
the  expenses. 

The  "Compromis"  likewise  defines,  if  there  is  occasion,  the  manner  of 
appointing  Arbitrators,  any  special  powers  which  may  eventually  belong 


THE  HAGUE  CONFERENCES  269 

to  the  Tribunal,  where  it  shall  meet,  the  language  it  shall  use,  and  the 
languages  the  employment  of  which  shall  be  authorized  before  it  ,and, 
generally  speaking,  all  the  conditions  on  which  the  parties  are  agreed. 

Art.  53.  The  Permanent  Court  is  Competent  to  settle  the  "Compromis," 
if  the  parties  are  agreed  to  have  recourse  to  it  for  the  purpose. 

It  is  similarly  competent,  even  if  the  request  is  only  made  by  one  of 
the  parties,  when  all  attempts  to  reach  an  understanding  through  the 
diplomatic  channel  have  failed,  in  the  case  of : — 

1.  A  dispute  covered  by  a  general  Treaty  of  Arbitration  concluded  or 
renewed  after  the  present  Convention  has  come  in  force,  and  providing 
for  a  "Compromis"  in  all  disputes  and  not  either  explicitly  or  implicitly 
excluding  the  settlement  of  the   "Compromis"   from  the  competence  of 
the  Court.    Recourse  cannot,  however,  be  had  to  the  Court  if  the  other 
party  declares  that  in   its   opinion  the   dispute   does   not  belong  to   the 
category  of  disputes  which  can  be  submitted  to  compulsory  arbitration, 
unless  the  Treaty  of  Arbitration  confers  upon  the  Arbitral  Tribunal  the 
power  of  deciding  this  preliminary  question. 

2.  A  dispute  arising  from  contract  debts  claimed  from  one  Power  by 
another  Power  as  due  to  its  nationals,  and  for  the  settlement  of  which 
the   offer   of  Arbitration   has  been   accepted.    This   arrangement   is   not 
applicable  if  acceptance  is  subject  to  the  condition  that  the  "Compromis" 
should  be  settled  in  some  other  way. 

Art.  54.  In  the  cases  contemplated  in  the  preceding  Article,  the  "Com- 
promis" shall  be  settled  by  a  Commission  consisting  of  five  members 
selected  in  the  manner  arranged  for  in  Article  45,  paragraphs  3  to  6. 

The  fifth  member  is  President  of  the  Commission  ex  officio. 

Art.  55.  The  duties  of  Arbitrator  may  be  conferred  on  one  Arbitrator 
alone  or  on  several  Arbitrators  selected  by  the  parties  as  they  please,  or 
chosen  by  them  from  the  members  of  the  Permanent  Court  of  Arbitration 
established  by  the  present  Convention. 

Failing  the  constitution  of  the  Tribunal  by  direct  agreement  between 
the  parties,  the  course  referred  to  in  Article  45,  paragraphs  3  to  6,  is 
followed. 

Art.  56.  When  a  Sovereign  or  the  Chief  of  a  State  is  chosen  as  Ar- 
bitrator, the  Arbitration  procedure  is  settled  by  him. 

Art.  57.    The  Umpire  is  President  of  the  Tribunal  ex  officio. 

When  the  Tribunal  does  not  include  an  Umpire,  it  appoints  its  own 
President. 

Art.  58.  When  the  "Compromis"  is  settled  by  a  Commission,  as  con- 
templated in  Article  54,  and  in  the  absence  of  an  agreement  to  the  con- 
trary, the  Commission  itself  shall  form  the  Arbitral  Tribunal. 

Art.  59.  Should  one  of  the  Arbitrators  either  die,  retire,  or  be  unable 
for  any  reason  whatever  to  discharge  his  functions,  the  same  procedure  is 
followed  for  filling  the  vacancy  as  was  followed  for  appointing  him. 


270  INTERNATIONAL  RELATIONS 

Art.  60.  The  Tribunal  sits  at  the  Hague,  unless  some  other  place  is 
selected  by  the  parties. 

The  Tribunal  can  only  sit  in  the  territory  of  a  third  Power  with  the 
latter's  consent. 

The  place  of  meeting  once  fixed  cannot  be  altered  by  the  Tribunal, 
except  with  the  consent  of  the  parties. 

Art.  61.  If  the  question  as  to  what  languages  are  to  be  used  has  not 
been  settled  by  the  "Compromis,"  it  shall  be  decided  by  the  Tribunal. 

Art.  62.  The  parties  are  entitled  to  appoint  special  agents  to  attend  the 
Tribunal  to  act  as  intermediaries  between  themselves  and  the  Tribunal. 

They  are  further  authorized  to  retain  for  the  defence  of  their  rights  and 
interests  before  the  Tribunal  counsel  or  advocates  appointed  by  themselves 
for  this  purpose. 

The  members  of  the  Permanent  Court  may  not  act  as  agents,  counsel, 
or  advocates  except  on  behalf  of  the  Power  which  appointed  them  mem- 
bers of  the  Court. 

Art.  63.  As  a  general  rule,  arbitration  procedure  comprises  two  distinct 
phases :  pleadings  and  oral  discussions. 

The  pleadings  consist  in  the  communication  by  the  respective  agents  to 
the  members  of  the  Tribunal  and  the  opposite  party  of  the  cases,  counter- 
cases,  and,  if  necessary,  of  replies;  the  parties  annex  thereto  all  papers 
and  documents  called  for  in  the  case.  This  communication  shall  be  made 
either  directly  or  through  the  intermediary  of  the  International  Bureau, 
in  the  order  and  within  the  time  fixed  for  the  "Compromis." 

The  time  fixed  by  the  "Compromis"  may  be  extended  by  mutual  agree- 
ment by  the  parties,  or  by  the  Tribunal  when  the  latter  considers  it  neces- 
sary for  the  purpose  of  reaching  a  just  decision. 

The  discussions  consist  in  oral  development  before  the  Tribunal  of  the 
arguments  of  the  parties. 

Art.  64.  A  certified  copy  of  every  document  produced  by  one  party 
must  be  communicated  to  the  other  party. 

Art.  65.  Unless  special  circumstances  arise,  the  Tribunal  does  not  meet 
until  the  pleadings  are  closed. 

Art.  66.    The  discussions  are  under  the  control  of  the  President. 

They  are  only  public  if  it  be  so  decided  by  the  Tribunal,  with  the  assent 
of  the  parties. 

They  are  recorded  in  minutes  drawn  up  by  the  Secretaries  appointed 
by  the  President.  These  minutes  are  signed  by  the  President  and  by  one 
of  the  Secretaries  and  alone  have  an  authentic  character. 

Art.  67.  After  the  close  of  the  pleadings,  the  Tribunal  is  entitled  to 
refuse  discussion  of  all  new  papers  or  documents  which  one  of  the  parties 
may  wish  to  submit  to  it  without  the  consent  of  the  other  party. 

Art.  68.  The  Tribunal  is  free  to  take  into  consideration  new  papers  or 
documents  to  which  its  attention  may  be  drawn  by  the  agents  or  counsel 
of  the  parties. 


THE  HAGUE  CONFERENCES  271 

In  this  case,  the  Tribunal  has  the  right  to  require  the  production  of 
these  papers  or  documents,  but  is  obliged  to  make  them  known  to  the 
opposite  party. 

Art.  69.  The  Tribunal  can,  besides,  require  from  the  agents  of  the 
parties  the  production  of  all  papers,  and  can  demand  all  necessary  ex- 
planations. In  case  of  refusal  the  Tribunal  takes  note  of  it. 

Art.  70.  The  agents  and  the  counsel  of  the  parties  are  authorized  -to 
present  orally  to  the  Tribunal  all  the  arguments  they  may  consider  ex- 
pedient in  defense  of  their  case. 

Art.  71.  They  are  entitled  to  raise  objections  and  points.  The  de- 
cisions of  the  Tribunal  on  these  points  are  final  and  cannot  form  the 
subject  of  any  subsequent  discussion. 

Art.  72.  The  members  of  the  Tribunal  are  entitled  to  put  questions 
to  the  agents  and  counsel  of  the  parties,  and  to  ask  them  for  explanations 
on  doubtful  points. 

Neither  the  questions  put,  nor  the  remarks  made  by  the  members  of 
the  Tribunal  in  the  course  of  the  discussions,  can  be  regarded  as  an  ex- 
pression of  opinion  by  the  Tribunal  in  general  or  by  its  members  in 
particular. 

Art.  73.  The  Tribunal  is  authorized  to  declare  its  competence  in  inter- 
preting the  "Compromis"  as  well  as  the  other  Treaties  which  may  be 
invoked,  and  in  applying  the  principles  of  law. 

Art.  74.  The  Tribunal  is  entitled  to  issue  rules  of  procedure  for  the 
conduct  of  the  case,  to  decide  the  forms,  order,  and  time  in  which  each 
party  must  conclude  its  arguments  and  to  arrange  all  the  formalities 
required  for  dealing  with  the  evidence. 

Art.  75.  The  parties  undertake  to  supply  the  Tribunal,  as  fully  as  they 
consider  possible,  with  all  the  information  required  for  deciding  the  case. 

Art.  76.  For  all  notices  which  the  Tribunal  has  to  serve  in  the  territory 
of  a  third  Contracting  Power,  the  Tribunal  shall  apply  direct  to  the 
Government  of  that  Power.  The  same  rule  applies  in  case  of  steps  being 
taken  to  procure  evidence  on  the  spot. 

The  requests  for  this  purpose  are  to  be  executed  so  far  as  the  means 
at  the  disposal  of  the  Power  applied  to  under  its  municipal  law  allow. 
They  cannot  be  rejected  unless  the  Power  in  question  considers  them  cal- 
culated to  impair  its  own  sovereign  rights  or  its  safety. 

The  Court  will  equally  be  always  entitled  to  act  through  the  Power  on 
whose  territory  it  sits. 

Art.  77.  When  the  agents  and  counsel  of  the  parties  have  submitted 
all  the  explanations  and  evidence  in  support  of  their  case  the  President 
shall  declare  the  discussion  closed. 

Art.  78.  The  Tribunal  considers  its  decisions  in  private  and  the  pro- 
ceedings remain  secret. 

All  questions  are  decided  by  a  majority  of  the  members  of  the 
Tribunal. 


272  INTERNATIONAL  RELATIONS 

Art.  79.  The  Award  must  give  the  reasons  on  which  it  is  based.  It 
contains  the  names  of  the  Arbitrators;  it  is  signed  by  the  President  and 
Registrar  or  by  the  Secretary  acting  as  Registrar. 

Art.  80.  The  Award  is  read  out  in  public  sitting,  the  agents  and  counsel 
of  the  parties  being  present  or  duly  summoned  to  attend. 

Art.  81.  The  Award,  duly  pronounced  and  notified  to  the  agents  of 
the  parties,  settles  the  dispute  definitely  and  without  appeal. 

Art.  82.  Any  dispute  arising  between  the  parties  as  to  the  inter- 
pretation and  execution  of  the  Award  shall,  in  the  absence  of  an  agree- 
ment to  the  contrary,  be  submitted  to  the  Tribunal  which  pronounced  it. 

Art.  83.  The  parties  can  reserve  in  the  "Compromis"  the  right  to  de- 
mand the  revision  of  the  Award. 

In  this  case  and  unless  there  be  an  agreement  to  the  contrary  the 
demand  must  be  addressed  to  the  Tribunal  which  pronounced  the  Award. 
It  can  only  be  made  on  the  ground  of  the  discovery  of  some  new  fact 
calculated  to  exercise  a  decisive  influence  upon  the  Award  and  which  was 
unknown  to  the  Tribunal  and  to  the  party  which  demanded  the  revision  at 
the  time  the  discussion  was  closed. 

Proceedings  for  revision  can  only  be  instituted  by  a  decision  of  the 
Tribunal  expressly  recording  the  existence  of  the  new  fact,  recognizing 
in  it  the  character  described  in  the  preceding  paragraph,  and  declaring  the 
demand  admissible  on  this  ground. 

The  "Compromis"  fixes  the  period  within  which  demand  for  revision 
must  be  made. 

Art.  84.    The  Award  is  not  binding  except  on  the  parties  in  dispute. 

When  it  concerns  the  interpretation  of  a  Convention  to  which  Powers 
other  than  those  in  dispute  are  parties,  they  shall  inform  all  the  Signatory 
Powers  in  good  time.  Each  of  these  Powers  is  entitled  to  intervene  in 
the  case.  If  one  or  more  avail  themselves  of  this  right,  the  interpretation 
contained  in  the  Award  is  equally  binding  on  them. 

Art.  85.  Each  party  pays  its  own  expenses  and  an  equal  share  of  the 
expenses  of  the  Tribunal. 

Art.  86.  With  a  view  to  facilitating  the  working  of  the  system  of 
arbitration  in  disputes  admitting  of  a  summary  procedure,  the  Contracting 
Powers  adopt  the  following  rules,  which  shall  be  observed  in  the  absence 
of  other  arrangements  and  subect  to  the  reservation  that  the  provisions 
of  Chapter  III  apply  so  far  as  may  be. 

Art.  87.  Each  of  the  parties  in  dispute  appoints  an  Arbitrator.  The 
two  Arbitrators  thus  selected  choose  an  Umpire.  If  they  do  not  agree  on 
this  point,  each  of  them  proposes  two  candidates  taken  from  the  general 
list  of  the  members  of  the  Permanent  Court  exclusive  of  the  members 
appointed  by  either  of  the  parties  and  not  being  nationals  of  each  of 
them ;  which  of  the  candidates  thus  proposed  shall  be  Umpire  is  de- 
termined by  lot. 

The  Umpire  presides  over  the  Tribunal,  which  gives  its  decision  by  a 
majority  of  votes. 


THE  HAGUE  CONFERENCES  273 

Art.  88.  In  the  absence  of  any  previous  agreement  the  Tribunal,  as  soon 
as  it  is  formed,  settles  the  time  within  which  the  two  parties  must  submit 
their  respective  cases  to  it. 

Art.  89.  Each  party  is  represented  before  the  Tribunal  by  an  agent, 
who  serves  as  intermediary  between  the  Tribunal  and  the  Government 
who  appointed  him. 

Art.  90.  The  proceedings  are  conducted  exclusively  in  writing.  Each 
party,  however,  is  entitled  to  ask  that  witnesses  and  experts  should  be 
called.  The  Tribunal  has,  for  its  part,  the  right  to  demand  oral  explana- 
tions from  the  agents  of  the  two  parties,  as  well  as  from  the  experts  and 
witnesses  whose  appearance  in  Court  it  may  consider  useful. 

Part  V.    Final  Provisions 

Art.  91.  The  present  Convention,  duly  ratified,  shall  replace,  as  between 
the  Contracting  Powers,  the  Convention  for  the  Pacific  Settlement  of 
International  Disputes  of  the  29th  July,  1899. 

Art.  92.    The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proces-verbal 
signed  by  the  Representatives  of  the  Powers  which  take  part  therein  and 
by  the  Netherland  Minister  of  Foreign  Affairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of  a 
written  notification,  addressed  to  the  Netherland  Government  and  accom- 
panied by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verbal  relative  to  the  first  deposit 
of  ratifications,  of  the  notifications  mentioned  in  the  preceding  paragraph, 
and  of  the  instruments  of  ratification,  shall  be  immediately  sent  by  the 
Netherland  Government,  through  the  diplomatic  channel,  to  the  Powers 
invited  to  the  Second  Peace  Conference,  as  well  as  to  those  Powers 
which  have  adhered  to  the  Convention.  In  the  cases  contemplated  in  the 
preceding  paragraph,  the  said  Government  shall  at  the  same  time  inform 
the  Powers  of  the  date  on  which  it  received  the  notification. 

Art.  93.  Non-Signatory  Powers  which  have  been  invited  to  the  Second 
Peace  Conference  may  adhere  to  the  present  Convention. 

The  Power  which  desires  to  adhere  notifies  its  intention  in  writing  to 
the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion,  which 
shall  be  deposited  in  the  archives  of  the  said  Government. 

This  Government  shall  immediately  forward  to  all  the  other  Powers 
invited  to  the  Second  Peace  Conference  a  duly  certified  copy  of  the  notifi- 
cation as  well  as  of  the  act  of  adhesion,  mentioning  the  date  on  which  it 
received  the  notification. 

Art.  94.  The  conditions  on  which  the  Powers  which  have  not  been 
invited  to  the  Second  Peace  Conference  may  adhere  to  the  Present  Con- 
vention shall  form  the  subject  of  a  subsequent  Agreement  between  the 
Contracting  Powers. 


274  INTERNATIONAL  RELATIONS 

Art.  95.  The  present  Convention  shall  take  effect,  in  the  case  of 
the  Powers  which  were  not  a  party  to  the  first  deposit  of  ratifications, 
sixty  days  after  the  date  of  the  proccs-verbal  of  this  deposit,  and,  in 
the  case  of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty 
days  after  the  notification  of  their  ratification  or  of  their  adhesion  has 
been  received  by  the  Netherland  Government. 

Art.  96.  In  the  event  of  one  of  the  Contracting  Parties  wishing  to 
denounce  the  presence  Convention,  the  denunciation  shall  be  notified  in 
writing  to  the  Netherland  Government,  which  shall  immediately  com- 
municate a  duly  certified  copy  of  the  notification  to  all  the  other  Powers 
informing  them  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 

Art.  97.  A  register  kept  by  the  Netherlands  Minister  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit  of  ratifications  effected  in  virtue  of 
Article  92,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifica- 
tions of  adhesion  (Article  93,  paragraph  2)  or  of  denunciation  (Article  94, 
paragraph  i)  have  been  received. 

Each  Contracting  Power  is  entitled  to  have  access  to  this  register  and 
to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  Plenipotentiaries  have  appended  their  signatures 
to  the  present  Convention.5 

A  little  less  than  seven  years  after  the  Hague  "Convention 
for  the  Pacific  Settlement  of  International  Disputes"  was 
signed,  Germany  and  Austria-Hungary  started  the  greatest  war 
of  all  time.  The  only  matter  in  issue  was  between  Servia  and 
Austria-Hungary,  but  Belgium  and  France  were  the  first  to  be 
attacked,  and  by  Germany.  Servia  had  offered  to  submit  its 
differences  with  Austria-Hungary  to  the  Hague  Tribunal,  but 
the  offer  was  rejected,  and  the  war  which  has  terminated  the 
reigning  dynasties  of  Russia,  Germany  and  Austria-Hungary 
was  started.  This  war  has  proved,  if  proof  be  necessary,  that 
it  is  not  safe  to  trust  the  peace  of  the  world  in  the  hands  of 
military  leaders  backed  by  immense  armies,  navies  and  stores 
of  munitions.  One  or  another  of  them  is  certain  at  some 
time  to  use  the  forces  at  his  command  to  further  his  ambitions. 
A  great  army,  far  in  excess  of  every  need  for  the  preservation 
of  internal  order,  is  a  menace  to  every  neighboring  power. 

5  Senate  'Documents,  2d  Session  6ist  Congress,  48,  2228  to  2245. 


THE  HAGUE  CONFERENCES  275 

Disarmament  has  long  been  deemed  essential  to  the  preserva- 
tion of  peace,  but  there  has  been  no  superior  power  to  compel 
great  nations  to  disarm. 

Questions  of  autonomy,  alliance,  boundaries  and  political 
relations,  may  be  determined  by  arbitration,  if  all  parties  in- 
terested agree  to  it,  but  agreement  to  arbitrate  such  matters 
after  the  parties  have  failed  to  agree  on  the  matters  in  dispute, 
need  seldom  be  hoped  for.  Only  when  the  opposing  nations 
are  firmly  resolved  that  they  will  find  a  peaceful  method  of 
adjusting  their  differences  will  arbitration  prove  very  helpful. 
Political  questions  can  best  be  disposed  of  by  political  bodies. 
The  more  universal  the  representation  in  such  a  body  the  less 
the  danger  of  the  domination  of  selfish  interests.  The  general 
conscience  of  all  the  nations  is  not  likely  to  be  swayed  by 
passion  or  warped  by  the  schemes  of  crafty  men.  The  calm, 
dispassionate  judgment  of  representatives  of  all  the  people 
would  appear  to  be  the  best  criterion  of  moral  right  that  is 
available  on  earth.  Such  political  questions  cannot  always  be 
determined  on  fixed  principles  of  law.  They  often  involve 
questions  of  expediency  which  cannot  be  tested  by  any  rules 
of  law.  In  the  United  States  questions  of  this  kind  have 
arisen  in  the  organization  of  the  western  territories  and  their 
admission  into  the  Union  as  States.  All  these  matters  have 
been  settled  by  Congress  as  political  questions  without  any 
aid  from  the  courts.  Political  questions  of  this  kind  in  great 
number  are  now  presented,  and  will  continue  to  arise  for  very 
many  years  to  come,  and  such  questions  will  inevitably  lead 
to  wars  unless  an  appropriate  representative  body  is  em- 
powered to  settle  them. 

Courts  are  expected  to  apply  pre-existing  law  to  the  states 
of  fact  presented  in  cases  before  them.  Law-making  in  some 
form  must  precede  the  exercise  of  strictly  judicial  functions. 
The  lack  of  clearly  defined  rules  governing  the  rights  and 
duties  of  neutral  powers  in  time  of  war  was  apparent  to  the 
plenipotentiaries  who  framed  the  treaty  relating  to  the  Ala- 
bama Claims.  They  therefore  agreed  on  the  law  relating  to 
the  case  presented,  though  Great  Britain  denied  that  it  was  the 
law  at  the  time  of  the  occurrences  under  consideration.  Be- 


276  INTERNATIONAL  RELATIONS 

fore  courts  of  any  kind  can  inspire  full  confidence  there  must 
be  law  for  them  to  administer,  otherwise  they  will  of  necessity 
act  in  accordance  with  their  personal  views.  Representatives 
of  all  the  nations  can  formulate  international  law  for  applica- 
tion by  the  courts.  Without  action  by  such  a  body  the  law  must 
be  developed  by  the  slow  and  uncertain  process  of  the  opinions 
of  authors  and  judges,  expressed  separately,  without  con- 
sultation with  each  other,  as  the  principles  now  recognized  as 
international  law  have  been  adopted.  The  future  always  brings 
needs  that  cannot  be  anticipted  in  the  present,  and  law-making 
must  always  relate  to  the  known,  rather  than  to  an  imaginary 
future.  The  treaties  made  by  the  nations  already  furnish 
many  rules  governing  their  relations.  Many  of  these  relate 
merely  to  matters  in  which  two  nations  are  interested.  As  to 
these  the  concurrence  of  other  powers  may  not  be  necessary. 
Others  concern  a  number  of  nations  but  not  all.  With  these 
the  nations  interested  are  competent  to  deal.  But  rules  of 
general  application  the  world  over  can  only  be  wisely  form- 
ulated by  representatives  of  all  the  people.  It  is  also  of  vital 
importance  that  a  congress  legislating  for  all  the  world  should 
be  made  up  of  representatives  of  the  people  at  large  in  each 
country,  and  not  of  mere  diplomats  representing  a  ruling 
person,  class,  or  body  of  men.  It  is  also  important  that  such 
a  congress  give  full  publicity  to  all  its  work  in  order  that 
proposed  action  be  fully  discussed.  In  the  formulation  of 
general  laws  designed  to  furnish  rules  governing  the  inter- 
course of  all  the  nations,  haste  is  to  be  avoided  and  the  most 
ample  opportunity  given  for  suggestions  from  all  quarters. 
The  necessary  general  rules  of  international  law  ought  not  to 
be  voluminous.  They  should  always  be  open  to  correction  by 
the  successors  of  those  who  formulate  them. 

Tribunals  are  needed  to  apply  international  law  to  the  con- 
troversies as  they  arise  and  to  construe  treaties.  These  can 
be  thoroughly  efficient  only  when  established  in  advance,  with 
power  to  act  on  the  call  of  any  party  to  a  controversy  without 
any  preliminary  agreement  with  his  adversary.  In  order  to 
inspire  confidence  and  respect,  their  powers  and  duties  must  be 
clearly  defined  by  law.  There  must  be  clear,  well  established 


THE  HAGUE  CONFERENCES  277 

laws  to  administer,  which  all  nations  recognize  as  having  been 
sanctioned  by  their  authority.  There  must  be  ample  power 
to  investigate  all  questions  of  fact  and  learn  the  truth  regarding 
every  claim.  There  must  be  full  publicity  in  all  proceedings 
except  the  final  consultations  of  the  judges  when  they  agree 
upon  their  decisions.  There  must  be  ample  opportunity  for 
argument  by  counsel  of  the  parties  on  all  questions  of  law  and 
fact.  These  principles  are  fundamental  among  all  people  and 
in  all  times.  The  Hague  tribunal  has  only  such  powers  as  the 
parties  confer  on  it  after  the  controversy  arises.  The  power 
is  needed  in  advance  of  the  particular  controversy,  and  with- 
out regard  to  the  choice  of  any  particular  nation. 

In  constituting  an  arbitration  tribunal  the  practise  has  been 
almost  universal  for  each  party  to  choose  one  or  more  of  the 
arbitrators,  with  power  to  those  so  chosen  to  complete  the 
number  by  agreement,  or  authorizing  some  person  or  power 
to  name  the  others.  The  fundamental  idea  is  to  compose  a 
tribunal  made  up  of  partisans  and  non-partisans.  The  only 
possible  advantages  of  including  partisans  are  that  it  will  insure 
full  consideration  of  all  the  claims  of  the  parties,  allow  com- 
promises in  matters  of  doubt,  and  tend  to  insure  acceptance  of 
the  award  by  the  defeated  party.  The  value  of  either  or  all 
of  these  is  extremely  doubtful  in  comparison  with  an  absolutely 
impartial  court.  A  far  better  principle  of  selection  is  to  allow 
each  party  to  exclude  persons  he  deems  undesirable,  rather 
than  to  choose  partisans.  It  would  seem  to  be  a  matter  of  no 
great  difficulty  to  form  an  international  court  with  a  large 
membership,  from  which  the  parties  to  each  case  may  agree  on 
a  convenient  number  of  judges,  if  they  see  fit,  and  if  they 
cannot  agree,  then  that  each  party  be  allowed  to  strike  an  equal 
number  from  the  whole  list  of  judges,  leaving  those  remaining 
as  the  members  of  the  court  to  try  the  case.  This  practice  is 
often  followed  in  many  of  the  American  states  in  the  selection 
of  jurors,  and  is  a  speedy  and  satisfactory  method  of  clearing 
the  list  of  the  names  of  objectionable  men.  If  either  party 
fails  to  strike  his  share  the  clerk  or  other  officer  of  the  court 
may  be  empowered  to  strike  for  him.  It  is  indispensable  to 
the  efficient  administration  of  justice  that  there  be  a  court 


278  INTERNATIONAL  RELATIONS 

with  full  power  to  act  without  the  consent  of  an  unwilling 
party.  The  Hague  tribunal  has  no  such  power.  Either  party 
can  block  the  work  of  the  tribunal  at  any  stage  of  its  progress. 
It  is  essential  that  the  international  tribunal,  being  called  upon 
to  act  on  a  matter  within  its  jurisdiction,  shall  have  po\ver  to 
compel  the  appearance  of  the  party  complained  of,  or  proceed 
in  his  absence  after  due  notice,  that  it  shall  have  full  power 
to  regulate  the  procedure  before  it  and  to  compel  the  produc- 
tion of  evidence,  and  to  finally  decide  the  controversy  and  dis- 
pose of  all  the  questions  of  law  and  of  fact  involved  in  it. 
Having  rendered  final  judgment  in  a  case  it  must  not  be  left 
to  the  good  faith  of  the  parties  to  abide  -by  and  perform  it. 
There  must  be  adequate  power  to  enforce  it. 

Here  appears  to  be  the  most  difficult  problem  in  interna- 
tional organization.  To  compel  a  great  unwilling  nation  to 
submit  and  comply  with  an  adverse  judgment  appears  a  task 
of  extreme  difficulty.  It  will  continue  to  be  so  until  the  states- 
men of  all  countries  appreciate  the  necessity  of  submitting  to 
what  they  regard  in  some  cases  as  unjust  judgments.  Com- 
pulsory enforcement  of  such  judgments  against  nations  main- 
taining great  armies  and  navies  might  prove  productive  of 
far  more  harm  than  good.  Disarmament  of  all  the  nations 
down  to  the  limit  of  their  needs  for  the  preservation  of  inter- 
nal order  seems  to  be  a  condition  precedent  to  forcible  execu- 
tion of  the  judgments  of  a  world  court.  Manifestly  the 
executive  force  which  compels  compliance  w:ith  such  judg- 
ments must  be  greatly  superior  to  the  force  that  it  may  be  con- 
fronted with.  But  whatever  the  difficulties  to  be  encountered 
in  the  organization  of  such  a  court  and  in  the  execution  of  its 
decrees,  no  other  method  of  determining  controversies  which 
the  parties  can  not  settle  by  any  kind  of  an  agreement  among 
themselves  has  ever  yet  been  devised  by  man.  The  impartial 
judgment  of  some  body  of  able  disinterested  men  must  be 
allowed  to  stand  as  the  best  obtainable  solution  of  international 
controversies,  and  the  people  of  all  countries  must  be  educated 
to  cheerfully  accept  and  abide  by  it.  How  far  the  Hague  Con- 
vention falls  short  of  the  needed  requirements  is  readily 
apparent  from  the  necessity  for  voluntary  agreement  step  by 


THE  HAGUE  CONFERENCES  279 

step  in  the  submission  of  the  case  and   for  voluntary  per- 
formance of  the  award  made  by  the  tribunal. 

FORCIBLE  COLLECTION  OF  CLAIMS 

The  right  to  compel  the  payment  of  money  demands  by  mili- 
tary forces  has  often  been  asserted  and  exercised,  especially 
by  strong  nations  in  dealing  with  weaker  ones.  This  right 
has  usually  been  asserted  by  way  of  seizure  of  a  port,  district, 
or  property,  of  the  debtor  nation,  not  as  an  avowed  act  of  war, 
but  as  a  reprisal.  The  rule  of  international  law  applicable 
is  thus  stated  by  Vattel :  "Reprisals  are  used  between  nation 
and  nation  in  order  to  do  themselves  justice  when  they  can- 
not otherwise  obtain  it.  If  a  nation  has  taken  possession  of 
what  belongs  to  another;  if  it  refuses  to  pay  a  debt  or  repair 
an  injury,  or  to  make  a  just  satisfaction,  the  latter  may  seize 
what  belongs  to  the  former,  and  apply  it  to  his  own  advan- 
tage, till  it  obtains  full  payment  for  what  is  due,  together  with 
interest  and  damages ;  or  keep  it  as  a  pledge  till  the  offending 
nation  has  made  ample  satisfaction.  The  effects  thus  seized 
are  preserved,  while  there  is  any  hope  of  obtaining  satisfaction 
or  justice,  as  soon  as  that  hope  disappears  they  are  confis- 
cated, and  then  the  reprisals  are  accomplished.  If  the  two 
nations  upon  this  ground  of  quarrel,  come  to  an  open  rupture, 
satisfaction  is  considered  as  refused  from  the  moment  that 
the  war  is  declared,  or  hostilities  commenced ;  and  then,  also  the 
effects  seized  may  be  confiscated."6 

When  an  embargo  was  laid  on  Dutch  property  in  the  ports 
of  Great  Britain,  on  the  rupture  of  the  peace  of  Amiens,  in 
1803,  Lord  Stow  ell  announced  the  law  applicable  to  such  cases, 
as  follows:  "The  seizure  was  at  first  equivocal,  and  if  the 
matter  in  dispute  had  terminated  in  reconciliation  the  seizure 
would  have  been  converted  into  a  civil  embargo,  and  so  ter- 
minated. Such  would  have  been  the  retroactive  effect  of  that 
course  of  circumstances.  On  the  contrary,  if  the  transaction 
ended  in  hostility,  the  retroactive  effect  is  exactly  the  other 
way.  It  impresses  the  direct  hostile  character  upon  the 

6  Vattell,  lib.  II  ch.  xvii  §  342. 


28o  INTERNATIONAL  RELATIONS 

original  seizure;  it  is  declared  to  be  no  embargo;  it  is  no 
longer  an  equivocal  act,  subject  to  two  interpretations;  there 
is  a  declaration  of  the  animus  by  which  it  is  done;  that  it 
was  done  hostili  ammo,  and  it  is  to  be  considered  as  a  hos- 
tile measure,  ab  imtio,  against  persons  guilty  of  injuries 
which  they  refuse  to  redeem  by  any  amicable  alteration  of 
their  measures.  This  is  the  necessary  course,  if  no  compact 
intervenes  for  the  restoration  of  such  property,  taken  before 
a  formal  declaration  of  hostilities."7 

As  reprisals  are  likely  to  lead  to  war  the  authority  to  make 
or  allow  them  to  be  made  is  vested  in  the  sovereign  power. 
"Without  such  authority  previously  given,  or  its  exercise 
subsequently  ratified  by  the  supreme  authority  of  the  State, 
reprisals  or  seizures  are  not  justified  by  the  law  of  nations."8 
The  right  of  a  state  to  authorize  reprisals  is  confined  to  its 
own  citizens  and  may  not  be  granted  to  foreigners.9  The  right 
to  make  seizures  and  reprisals  is  justified  on  the  ground  that 
each  government  must  protect  its  own  people  in  their  dealings 
with  foreign  nations  and  their  people,  and  that  when  satisfac- 
tion of  a  just  obligation  is  denied  the  injured  party  has  no 
other  means  of  enforcing  his  right.  This  reasoning  is  con- 
sistent with  the  theory  of  ultimate  sovereignty  in  the  govern- 
ment of  each  nation,  and  with  the  existence  of  a  state  of  anar- 
chy in  the  relations  of  the  governments.  It  is  wholly  incon- 
sistent with  the  general  welfare  of  the  great  community  of 
nations. 

The  Hague  Conference  sought  to  put  an  end  to  the  forcible 
collection  of  claims  and  the  first  article  of  the  second  conven- 
tion concluded  at  the  second  conference  contains  an  agree- 
ment of  all  the  contracting  powers  not  to  have  recourse  to 
armed  force  for  the  recovery  of  contract  debts;  but  this  agree- 
ment is  limited  and  declared  inapplicable  when  the  debtor 
state  refuses  an  offer  of  arbitration  or  to  perform  an  award. 

7Halleck's  Int.  Law,  1-517.  The  Boedes  Lust,  5  Rob.  246;  The  Diana 
5  Rob.  60. 

8  Halleck's  Int.  Law,  1-518.    40  Cyc.  308. 

9  Bynkershoek,  De  Fore  Legat,  c.  xxii  §  5. 


THE  HAGUE  CONFERENCES  281 

The  important  forward  step  made  by  the  treaty  is  that  it 
pledges  the  parties  to  it  not  to  resort  to  force  to  collect  dis- 
puted claims  before  their  validity  has  been  established  by  ar- 
bitration or  the  debtor  has  refused  to  arbitrate.  As  claims  of 
this  kind  are  continually  arising-  any  agreement  tending  to 
induce  the  amicable  settlement  of  them  adds  materially  to  the 
maintenance  of  peace. 

CONVENTION  RESPECTING  THE  LIMITATION  OF  THE  EMPLOYMENT  OF 
FORCE  FOR  THE  RECOVERY  OF  CONTRACT  DEBTS 

Article  I.  The  Contracting  Powers  agree  not  to  have  recourse  to 
armed  force  for  the  recovery  of  contract  debts  claimed  from  the  Govern- 
ment of  one  country  by  the  Government  of  another  country  as  being  due 
to  its  nationals. 

This  undertaking  is,  however,  not  applicable  when  the  debtor  State 
refuses  or  neglects  to  reply  to  an  offer  of  arbitration,  or,  after  accepting 
the  offer,  prevents  any  "Compromis"  from  being  agreed  on,  or,  after 
the  arbitration,  fails  to  submit  to  the  award. 

Art.  2.  It  is  further  agreed  that  the  arbitration  mentioned  in  para- 
graph 2  of  the  foregoing  Article  shall  be  subject  to  the  procedure  laid 
down  in  Part  IV,  Chapter  III,  of  The  Hague  Convention  for  the 
Pacific  Settlement  of  International  Disputes.  The  award  shall  determine, 
except  where  otherwise  agreed  between  the  parties,  the  validity  of  the 
claim,  the  amount  of  the  debt,  and  the  time  and  mode  of  payment. 

Art.  3.    The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proccs-verbal 
signed  by  the  Representatives  of  the  Powers  taking  part  therein  and 
by  the  Netherlands  Minister  for  Foreign  Affairs. 

The  subsequent  deposit  of  ratifications  shall  be  made  by  means  of  writ- 
ten notification  addressed  to  the  Netherland  Government  and  accom- 
panied by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verbal  relative  to  the  first  deposit 
of  ratifications,  of  the  notifications  mentioned  in  the  preceding  para- 
graph, as  well  as  of  the  instruments  of  ratification,  shall  be  sent  imme- 
diately by  the  Netherland  Government,  through  the  diplomatic  channel,  to 
the  Powers  invited  to  the  Second  Peace  Conference,  as  well  as  to  the 
other  Powers  which  have  adhered  to  the  Convention.  In  the  cases 
contemplated  in  the  preceding  paragraph,  the  said  Government  shall 
inform  them  at  the  same  time  of  the  date  on  which  it  received  the  notifi- 
cation. 

Art.  4.    Non-Signatory  Powers  may  adhere  to  the  present  Convention. 


282  INTERNATIONAL  RELATIONS 

The  Power  which  desires  to  adhere  notifies  its  intention  in  writing  to 
the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion,  which 
shall  be  deposited  in  the  archives  of  the  said  Government. 

The  said  Government  shall  forward  immediately  to  all  the  other  Powers 
invited  to  the  Second  Peace  Conference  a  duly  certified  copy  of  the 
notification,  as  well  as  of  the  act  of  adhesion,  mentioning  the  date  on 
which  it  received  the  notification. 

Art.  5.  The  present  Convention  shall  come  in  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  procccs-vcrbal  of  this  deposit,  in  the  case  of 
the  Powers  which  ratify  subsequently  or  which  adhere,  sixty  days  after  the 
notification  of  their  ratification  or  of  their  adhesion  has  been  received 
by  the  Netherland  'Goverment. 

Art.  6.  In  the  event  of  one  of  the  Contracting  Powers  wishing  to  de- 
nounce the  present  Convention,  the  denunciation  shall  be  notified  in 
writing  to  the  Netherland  Government,  which  shall  immediately  com- 
municate a  duly  certified  copy  of  the  notification  to  all  the  other  Powers, 
informing  them  at  the  same  time  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 

Art.  7.  A  register  kept  by  the  Netherland  Ministry  for  Foreign  Af- 
fairs shall  give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of 
Article  III,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifi- 
cations of  adhesion  or  of  denunciation  were  received. 

Each  Contracting  Power  is  entitled  to  have  access  to  this  register  and  to 
be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  Plenipotentiaries  have  appended  their  signatures 
to  the  present  Convention.10 

DECLARATION  OF  WAR 

Prior  to  the  Second  Hague  Conference,  war  could  exist 
without  a  declaration  of  war  by  either  party.11  It  was  held  in 
England  that  "It  is  by  no  means  necessary  that  both  countries 
should  declare  war.  Whatever  might  be  the  prostration  and 
submissive  demeanor  on  one  side,  if  France  was  unwilling  to 
accept  that  submission,  and  persisted  in  attacking  Portugal,  it 
was  sufficient.''12  Actual  hostilities  determined  the  date  of 

10  Senate  Documents,  2d  Session  6ist  Congress,  48,  2254. 

11  Matthews  v.  McStea,  91   U.   S.  7.     Thorington  v.   Smith,  8  Wall.   i. 
Marks  v.  U.   S.  28  Ct.  Cl   147-161   U.   S.  297.    The   Teutonia,   L.   R.   4, 
P.  C.  i/i ;  Takahashi  Russo-Japanese  War,  6. 

12  The  Nayade,  4  C.  Rob.  251,  253. 


THE  HAGUE  CONFERENCES  283 

the  commencement  of  the  war  when  no  declaration  was 
made.13  It  was  said  by  the  Supreme  Court  of  the  United 
States :  "Insurrection  against  a  government  may  or  may  not 
culminate  in  an  organized  rebellion,  but  a  civil  war  always 
begins  by  insurrection  against  the  lawful  authority  of  the 
Government.  A  civil  war  is  never  solemnly  declared;  it  be- 
comes such  by  its  accidents — the  number,  power,  and  organiza- 
tion of  the  persons  who  organize  and  carry  it  on.1* 

The  Hague  convention  requires  explicit  warning  to  the  ad- 
verse party  before  the  commencement  of  hostilities  and  that 
neutral  powers  be  notified  of  the  existence  of  a  state  of  war 
without  delay.  This  may  be  a  matter  of  much  importance  in 
determining  property  rights  under  international  law,  for  the 
date  of  the  commencement  of  a  war  is  often  the  decisive  point 
in  the  case.  No  length  of  notice  is  provided  for  in  the  con- 
vention and  in  the  nature  of  things  it  has  no  application  to 
insurrections  and  civil  wars. 

CONVENTION  RELATIVE  TO  THE  OPENING  OF  HOSTILITIES 

Article  I.  The  Contracting  Powers  recognize  that  hostilities  between 
themselves  must  not  commence  without  previous  and  explicit  warning,  in 
the  form  either  of  a  reasoned  declaration  of  war  or  an  ultimatum  with 
conditional  declaration  of  war. 

Art.  2.  The  existence  of  a  state  of  war  must  be  notified  to  the  neutral 
Powers  without  delay,  and  shall  not  take  effect  in  regard  to  them  until 
after  the  receipt  of  a  notification,  which  may,  however,  be  given  by 
telegraph.  Neutral  Powers,  nevertheless,  cannot  rely  on  the  absence  of 
notification  if  it  is  clearly  established  that  they  were  in  fact  aware  of  the 
existence  of  a  state  of  war. 

Art.  3.  Article  I  of  the  present  convention  shall  take  effect  in  case  of 
war  between  two  or  more  of  the  Contracting  Powers. 

Article  II  is  binding  as  between  a  belligerent  Power  which  is  a  party  to 
the  Convention  and  neutral  Powers  which  are  also  parties  to  the  Con- 
vention. 

(Articles  4,  5,  6,  7  and  8  contain  the  usual  final  provisions.)15 

43  The  Buena  Ventura,  87  Fed.  927,  175  U.  S.  384. 

«  Prize  Cases,  2  Black   (U.  S.)   635,  666. 

13  Senate  Documents,  2d  Session  6ist  Congress,  48,  2254. 


284  INTERNATIONAL  RELATIONS 

LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 

The  second  Hague  Conference  gave  much  earnest  consid- 
eration to  the  conventions  designed  to  mitigate  the  barbarities 
of  war.  Writers  on  international  law  have  found  it  exceed- 
ingly difficult  to  lay  down  precise  rules  to  be  followed  by  mili- 
tary commanders  and  their  subordinates.  The  armed  forces  of 
each  belligerent  are  organized  for  the  purpose  of  overpowering 
or  destroying  the  forces  opposed  to  them.  This  is  not  at- 
tempted by  any  test  of  the  muscular  strength  of  the  men  en- 
gaged in  the  conflict,  but  war  is  carried  on  with  arms  and 
devices  designed  to  kill  men  and  destroy  property.  Whole- 
sale slaughter  of  the  armed  forces  of  the  enemy  is  still  the 
purpose  of  every  commander  who  directs  the  operations  of  an 
army  in  battle.  Disregard  of  human  life  is  inseparable  from 
the  operations  of  war.  Human  ingenuity  continues  to  invent 
more  efficient  means  of  killing  enemies  and  destroying  prop- 
erty. In  the  nature  of  things  war  cannot  be  humane.  Yet  the 
inherent  savagery  of  war  may  be  mitigated  by  the  observance 
of  rules  limiting  the  authority  of  soldiers  to  kill  to  the  armed 
forces  of  their  enemies  who  persist  in  opposing  them.  The 
exigencies  and  vicissitudes  of  war,  the  excitement  of  battle, 
the  physical  and  mental  strains  on  commanders  and  men,  the 
effects  on  the  mind  of  hunger,  exhaustion,  heat  and  cold,  ren- 
der the  enforcement  of  humane  regulations  extremely  difficult. 

The  Hindu  rules  for  the  conduct  of  war  copied  from  the 
Code  of  Manu  above16  are  rather  more  than  less  stringent 
than  the  Hague  Convention  on  the  subject,  yet  it  would  be  ex- 
ceedingly hazardous  to  assert  that  the  actual  practices  of  the 
natives  of  India  have  been  more  humane  than  those  of  modern 
Europeans,  although  the  Code  of  Manu  has  been  the  Brahman 
law  for  thousands  of  years.  The  religious  sentiments  of  the 
Greeks  and  Romans  placed  some  restrictions  on  the  conduct 
of  their  wars,  but  time,  place,  circumstances,  and  above  all  the 
personal  character  of  commanders,  caused  great  diversity  in 
the  treatment  of  enemies.  Alexander  destroyed  all  of  Thebes 
but  the  house  of  the  poet  Pindar,  but  at  the  battle  of  Granicus 

16  Supra,  p.  15. 


THE  HAGUE  CONFERENCES  285 

he  took  2,000  Persians  prisoners.  Exasperated  by  the  resistance 
offered  by  Tyre  he  hanged  2,000  of  its  citizens  after  it  surren- 
dered to  him.  At  Persepolis  he  slaughtered  the  men  and  en- 
slaved the  women,  but  at  Sungala  he  is  credited  with  having 
taken  70,000  Indians  prisoners.  His  mood  at  the  time  deter- 
mined the  fate  of  his  enemies  who  fell  under  his  power.  The 
Babylonians,  Assyrians  and  Persians  varied  their  treatment  of 
captured  enemies  from  extreme  cruelty  to  great  liberality,  ac- 
cording to  the  character  of  the  rulers  and  generals  in  command 
and  the  prevailing  spirit  of  the  times.  The  Greeks  destroyed 
Troy  and  its  people,  and  a  thousand  years  later  the  Romans 
destroyed  Carthage,  yet  the  usual  custom  of  both  Greeks  and 
Romans  was  to  accept  the  surrender  of  cities  and  prisoners, 
but  prisoners  were  often  enslaved.  Roman  generals  took  great 
pride  in  the  triumphs  awarded  them  after  successful  wars,  and 
in  leading  distinguished  captives  and  their  followers  in  the 
triumphal  processions.  Caesar  was  accounted  more  humane  in 
his  treatment  of  enemies  than  many  other  generals.  He  forced 
the  defeated  Helvetians  to  reoccupy  their  own  country,  which 
they  had  deserted  and  devastated,  not  merely  as  a  merciful 
measure,  but  as  a  protection  against  German  tribes.  He 
"brought  many  captives  home  to  Rome  whose  ransom  did  the 
general  coffers  fill."  Plutarch  says  that  in  the  wars  in  Gaul 
he  met  armies  aggregating  three  millions  in  number,  and  that 
of  these  he  killed  one  million  and  took  another  million  pris- 
oners. 

Charlemagne  nearly  a  thousand  years  later  was  credited  with 
being  humane  and  politic  for  his  age,  but  his  treacherous 
slaughter  of  4,500  Saxons  who  had  revolted  was  a  shocking 
exhibition  of  cruelty  for  any  age.  When  the  Crusaders  un- 
der Godfrey  de  Bouillon  took  Jerusalem  in  1099  as  followers 
of  the  Prince  of  Peace  they  massacred  the  Mohammedan  in- 
habitants, but  when  Saladin  leading  the  followers  of  the  Pro- 
phet, who  commanded  the  propagation  of  the  word  by  the 
sword,  retook  the  city  in  1187,  he  was  more  merciful  and 
allowed  the  captive  Christians  to  live.  The  command  of  the 
Prophet  was :  'When  ye  encounter  the  unbelievers  strike  off 


286  INTERNATIONAL  RELATIONS 

their  heads  until  ye  have  made  a  great  slaughter  among  them, 
and  bind  them  in  bonds ;  and  either  give  them  a  free  dismission 
afterwards  or  exact  a  ransom  until  the  war  shall  have  laid 
down  its  arms."17  When  the  Turks  took  Constantinople  in  1453 
it  was  given  over  to  indiscriminate  slaughter.  The  savageries 
of  the  Thirty  Years  War  were  too  many  and  too  horrible  to 
be  mentioned  in  detail.  Europe  seemed  to  have  relapsed  into 
utter  barbarism.  But  during  the  eighteenth  and  nineteenth 
centuries  there  was  a  very  well  defined  sentiment  in  favor  of 
rules  to  be  observed  in  the  conduct  of  war.  While  there  were 
many  instances  of  slaughter  of  prisoners  and  even  of  defense- 
less civilians,  the  rule  \vas  that  commanders  spared  the  lives 
of  prisoners  and  provi4ed  for  their  maintenance.  Enslave- 
ment of  prisoners  or  of  the  civilians  in  occupied  territory  of 
the  enemy  has  not  been  sanctioned.  The  custom  of  holding 
prisoners  for  ransom  has  obtained  only  among  barbarians  and 
bandits  since  ancient  times.  Writers  on  international  law  have 
devoted  especial  attention  to  the  rules  governing  the  conduct 
of  belligerents  and  the  rights  and  duties  of  neutrals  in  times 
of  war,  and  have  uniformly  condemned  the  slaughter  or  mis- 
treatment of  prisoners  and  all  unnecessary  invasion  of  the 
rights  of  noncombatants.  Military  commanders  have  been 
schooled  to  the  observance  of  these  principles  and  in  the  United 
States  the  articles  of  war  regulate  all  these  matters  and  ren- 
der officers  and  men  liable  for  violation  of  the  law.18  Similar 
laws  governing  the  conduct  of  armies  are  in  force  in  all  civi- 
lized states.  In  this  manner  international  law  becomes  the 
municipal  law  of  the  states  that  adopt  it,  and  is  enforced  by 
them  in  accordance  with  their  peculiar  views.  There  being  no 
international  superior  to  enforce  it,  it  has  no  other  sanction 
than  such  as  each  separate  nation  affords. 

When  conflicts  occur  between  private  persons  and  redress 
is  sought  for  wrongs  done  in  them  it  becomes  a  matter  of  prime 
importance  to  inquire  who  was  the  aggressor  and  what  if  any 
justification  existed  for  the  acts  complained  of.  The  aggres- 
sor must  avoid  all  injury  to  bystanders.  But  it  is  not  so  in 

17  Sale's  Koran,  Ch.  47. 

«  Compiled  Statutes  of  the  United  States,  1818,  §  23083. 


THE  HAGUE  CONFERENCES  287 

conflicts  between  nations.  "The  law  of  nations  makes  no  dis- 
tinction, in  this  respect,  between  a  just  and  an  unjust  war, 
both  of  the  belligerent  parties  being  entitled  to  all  the  rights  of 
war  as  against  the  other,  and  with  respect  to  neutrals.  Each 
party  may  employ  force,  not  only  to  resist  the  violence  of  the 
other,  but  also  to  secure  the  objects  for  which  the  war  is  un- 
dertaken. The  first  and  most  important  of  these  rights,  which 
the  state  of  war  has  conferred  upon  the  belligerents,  is  that  of 
taking  human  life.  This  right,  In  its  full  extent,  authorizes 
the  individuals  of  the  one  party  to  kill  and  destroy  those  of 
the  other,  whenever  milder  means  are  insufficient  to  conquer 
them  or  bring  them  to  terms."19  This  right  having  been  ac- 
corded to  belligerents  it  is  not  strange  that  men  who  actually 
conduct  the  operations  of  armies  discredit  the  efficiency  and 
doubt  the  utility  of  regulations  designed  to  mitigate  the  suf- 
fering resulting  from  the  legitimate  operations  of  armies. 
"The  ferocity  of  war  in  actual  practice  will  not  suffer  itself  to 
be  tied  by  hard  and  fast  rules."20 

A  copy  of  the  "Manual  of  the  Laws  of  War  by  Land,"  pub- 
lished in  the  Institut  de  Droit  International  in  1880,  having 
been  sent  to  Count  von  Moltke  he  wrote  as  follows:  "You 
have  been  so  good  as  to  forward  to  me  the  Manual  published 
by  the  Institut  de  Droit  International  and  you  hope  for  my  ap- 
proval of  it.  In  the  first  place,  I  fully  appreciate  the  philan- 
thropic effort  to  soften  the  coils  which  result  from  war.  Per- 
petual peace  is  a  dream,  and  it  is  not  even  a  beautiful  dream. 
War  is  an  element  in  the  order  of  the  world  ordained  by  God. 
In  it  the  noblest  virtues  of  mankind  are  developed;  courage 
and  abnegation  of  self,  faithfulness  to  duty,  and  the  spirit  of 
sacrifice;  the  soldier  gives  his  life.  Without  war  the  world 
would  stagnate,  and  lose  itself  in  materialism.  I  agree  en- 
tirely with  the  proposition  contained  in  the  introduction  that  a 
gradual  softening  of  manners  ought  to  be  reflected  also  in  the 
mode  of  making  war.  But  I  go  further,  and  think  the  soft- 

19Halleck's   Int.  Law,  2-15.       Vattel  b.  iii,   ch.  viii,   §§   136,    137,    138. 
Wheaton,  Elm.  Int.  Law,  pt.  iv.  ch.  ii,  §  i. 
20Halleck's  Int.  Law,  2-18. 


288  INTERNATIONAL  RELATIONS 

ening  of  manners  can  alone  bring  about  this  result,  which 
cannot  be  obtained  by  a  codification  of  the  laws  of  war. 
Every  law  presupposes  an  authority  to  superintend  and  di- 
rect its  execution,  and  international  conventions  are  supported 
by  no  such  authority.  What  neutral  states  would  ever  take  up 
arms  for  the  sole  reason  that  two  Powers  being  at  war  the 
'laws  of  war'  had  been  violated  by  one  or  both  of  the  belliger- 
ents? For  offences  of  that  sort  there  is  no  earthly  judge. 
Success  can  come  only  from  the  religious,  moral  education  of 
individuals,  and  from  the  feeling  of  honor  and  sense  of  justice 
of  commanders  who  enforce  the  law  and  conform  to  it,  so  far 
as  the  exceptional  circumstances  of  war  permit.  This  being 
so,  it  is  necessary  to  recognize  also  that  increased  humanity  in 
the  mode  of  making  war  has  in  reality  followed  upon  the  grad- 
ual softening  of  manners.  Only  compare  the  horrors  of  the 
Thirty  Years'  War  with  the  struggles  of  modern  times.  A 
great  step  has  been  made  in  our  own  day  by  the  establishment 
of  compulsory  military  service,  which  introduces  the  educated 
classes  into  armies.  The  brutal  and  violent  element  is,  of 
course,  still  there,  but  it  is  no  longer  alone,  as  it  once  was. 
Again,  Governments  have  two  powerful  means  of  preventing 
the  worst  kind  of  excesses — strict  discipline  maintained  in  time 
of  peace  so  that  the  soldier  has  become  habituated  to  it,  and 
care  on  the  part  of  the  department  which  provides  for  the 
subsistence  of  troops  in  the  field.  If  that  care  fails,  discipline 
can  only  be  imperfectly  maintained.  It  is  impossible  for  the 
soldier  who  endures  sufferings,  hardships,  fatigues,  who  meets 
danger  to  take  only  'in  proportion  to  the  resources  of  the  coun- 
try.' He  must  take  whatever  is  needful  for  his  existence.  We 
cannot  ask  him  for  what  is  superhuman.  'The  greatest  kind- 
ness in  war  is  to  bring  it  to  a  speedy  conclusion.'  It  should  be 
allowable  with  that  view  to  employ  all  methods  save  those 
which  are  absolutely  objectionable.  I  can  by  no  means  profess 
agreement  with  the  declaration  of  St.  Petersburg  when  it  as- 
serts that  'the  weakening  of  the  military  forces  of  the  enemy' 
is  the  only  lawful  procedure  in  war.  No,  you  must  attack  all 
the  resources  of  the  enemy's  Government — its  finances,  its  rail- 


THE  HAGUE  CONFERENCES  289 

ways,  its  stores,  and  even  its  prestige.  Thus  energetically, 
and  yet  with  moderation  previously  unknown,  was  the  late  war 
against  France  conducted.  The  issue  of  the  campaign  was  de- 
cided in  two  months,  and  the  fighting  did  not  become  embit- 
tered till  a  revolutionary  government,  unfortunately  for  the 
country,  prolonged  the  war  for  four  more  months.  I  am 
glad  to  see  that  the  manual,  in  clear  and  precise  articles,  pays 
more  attention  to  the  necessities  of  war  than  has  been  paid 
by  previous  attempts,  but  for  Governments  to  recognize  these 
rules  will  not  be  enough  to  insure  that  they  shall  be  observed. 
It  has  long  been  a  universally  recognized  custom  of  warfare 
that  a  flag  of  truce  must  not  be  fired  on,  and  yet  we  have  seen 
that  rule  violated  on  several  occasions  during  the  late  war. 
Never  will  an  article  learnt  by  rote  persuade  soldiers  to  see  a 
regular  in  the  unorganized  population  which  takes  up  arms 
'spontaneously'  and  puts  them  in  danger  of  their  life  at  every 
moment  of  day  and  night.  Certain  requirements  of  the  Man- 
ual might  be  impossible  of  realization  —  for  instance,  the 
identification  of  the  slain  after  a  great  battle.  Other  require- 
quirements  would  be  open  to  criticism  did  not  the  intercalation 
of  such  words  as  'if  circumstances  permit,'  'if  possible/  'if  it 
can  be  done,'  'if  necessary'  give  them  an  elasticity,  but  for  which 
the  bonds  they  impose  must  be  broken  by  inexorable  reality. 
I  am  of  the  opinion  that  in  war,  where  everything  must  be 
individual,  the  only  Articles  which  will  prove  efficacious  are 
those  which  are  addressed  specifically  to  commanders.  Such 
are  the  rules  of  the  Manual  relating  to  the  wounded,  the  sick, 
the  surgeons,  and  medical  appliances.  The  general  recog- 
nition of  the  principles,  and  of  those  also  which  relate  to 
prisoners,  would  mark  a  distinct  step  of  progress  toward  the 
goal  pursued  with  so  honorable  persistency  by  the  Institut  de 
Droit  International."" 

This  is  perhaps  as  fair  an  expression  of  the  views  then  en- 
tertained in  the  military  circles  of  Germany  as  can  be  obtained. 
That  war  is  ordained  by  God  and  good  in  and  of  itself  is  a  pro- 
position shocking  to  the  moral  sense  and  inconsistent  with 

21Halleck's  Int.  Law,  2,  18.     (4th  Ed.) 


290  INTERNATIONAL  RELATIONS 

von  Moltke's  own  argument.  All  will  agree  that  it  induces 
the  exercise  of  the  heroic  virtues  of  the  soldier,  but  these  are 
put  forth  not  to  bring  on  or  to  prolong  the  war,  but  "to  bring 
it  to  a  speedy  conclusion."  Ordinarily  it  is  not  the  soldier, 
high  or  low,  who  starts  the  war,  but  the  political  head  of  the 
government.  The  soldier  makes  sacrifices,  but  somebody  com- 
pels him  to  do  so.  Do  those  who  bring  on  war  requiring  these 
sacrifices  do  a  good  deed?  If  war  is  good  why  bring  it  to  an 
end?  If  only  periodical  wars  are  desirable,  how  long  should 
be  the  periods  of  war  and  how  long  the  periods  of  peace  ?  It 
will  not  do  to  confuse  the  virtues  of  the  good  soldier  with  the 
vices  of  war.  They  are  not  counterparts  of  each  other,  but 
the  virtues  of  the  soldier  have  to  be  exerted  to  overcome  the 
vices  of  war.  To  say  that  war  is  essentially  good  is  to  say 
that  it  is  good  to  kill  and  destroy,  to  commit  crimes  in  its  name. 
This  could  only  be  so  if  savagery  were  better  than  civilization, 
death  better  than  life,  destitution  and  misery  better  than  abun- 
dance and  happiness.  There  is  at  all  time  ample  opportunity  to 
face  danger,  to  sacrifice  self,  to  be  faithful,  courageous  and 
strong  for  the  service  of  mankind,  without  waiting  for  a  call  to 
go  out  and  kill  fellow  men.  Von  Moltke  expressed  the  funda- 
mental false  doctrine  on  which  Prussian  militarism  was  based 
and  which  doomed  it  to  destruction. 

His  comments  on  the  inefficiency  of  rules  for  the  conduct  of 
war  as  a  means  of  mitigating  its  evils  are  entitled  to  far  more 
consideration.  War  is  savage  in  its  very  essence.  Its  concomi- 
tants will  inevitably  partake  in  greater  or  less  degree  of  its 
nature.  Its  fury  can  not  be  restricted  to  the  shock  of  battle,  but 
will  linger  longer  than  the  smoke  of  the  powder.  Humane 
regard  for  fellow  men  in  the  opposing  army  is  deadened  by  the 
sight  of  fallen  comrades,  the  madness  of  the  struggle,  the  suf- 
fering and  exhaustion  of  the  march  and  the  trench.  All  the 
great  nations  engaged  in  the  late  war  were  parties  to  the 
Hague  conventions.  Among  these  the  one  Respecting  the  Laws 
and  Customs  of  War  on  Land  with  accompanying  Regulations, 
that  respecting  the  Rights  and  Duties  of  Neutral  Powers  and 
Persons  in  case  of  War  on  Land,  and  prohibiting  the  discharge 
of  Projectiles  and  Explosives  from  Balloons,  as  well  as  the  Gen- 


THE  HAGUE  CONFERENCES  291 

eva  conventions  relating  to  the  treatment  of  the  sick,  wounded 
and  prisoners,  were  in  full  force  as  to  all  the  actual  belligerents 
during  the  whole  period  of  the  war,  yet  it  is  difficult  if  not  im- 
possible to  find  an  important  provision  in  any  of  these  conven- 
tions that  has  not  been  violated  both  in  letter  and  in  spirit  over 
and  over  again.  Prisoners  have  been  compelled  to  work  at 
tasks  directly  connected  with  the  operations  of  war,  in  violation 
of  Article  VI  of  the  Regulations;  they  have  not  been  fed, 
lodged  and  clothed  on  the  same  footing  as  the  troops  of  the 
captors,  as  provided  in  Article  VII;  Red  Cross  hospitals  and 
ambulances  have  been  bombarded,  surgeons,  nurses  and  at- 
tendants have  been  purposely  killed  in  violation  of  Article 
XXI ;  poison  has  been  employed,  soldiers  who  had  surrendered 
have  been  killed,  arms,  projectiles  and  materials  calculated  to 
cause  unnecessary  suffering  have  been  generally  and  contin- 
ually used,  in  violation  of  Article  XXIII;  buildings  dedicated  to 
religion,  art,  science  and  charitable  purposes,  historical  monu- 
ments, hospitals,  and  places  where  the  sick  and  wounded  were 
collected,  have  been  made  especial  targets  for  bombardment, 
instead  of  being  spared  as  required  by  Article  XXVII;  cities 
and  towns  have  been  pillaged,  even  when  not  taken  by  assault, 
in  violation  of  Article  XXVIII;  family  honor  and  the  lives 
and  property  of  private  persons  have  not  been  respected,  but 
private  property  has  been  confiscated  and  pillaged  in  violation 
of  Articles  XLVI  and  XLVII;  general  penalties  have  been 
inflicted  for  the  acts  of  individuals  in  violation  of  Article  L; 
cash,  funds  and  securities  not  the  property  of  the  enemy  state 
have  been  seized  and  confiscated,  contrary  to  Article  LIII ;  pub- 
lic and  private  property  have  been  ruthlessly  destroyed  in  vio- 
lation of  Articles  LV  and  LVI.  The  territory  of  neutral  pow- 
ers has  been  invaded  in  violation  of  Articles  I  and  II  of  the 
treaty  concerning  the  rights  and  duties  of  neutrals;  and  last 
and  by  far  the  most  important  of  the  violations  of  these  conven- 
tions is  that  of  discharging  projectiles  and  explosives  from  the 
air,  not  alone  on  military  objects  but  on  private  homes,  civilians 
engaged  in  their  peaceful  duties  and  pleasures,  women,  children, 
churches,  hospitals  and  all  other  places  where  death  and  de- 
struction could  be  caused.  These  multifarious  violations  of  the 


292  INTERNATIONAL  RELATIONS 

conventions  so  recently  entered  into  afford  abundant  proof  of 
the  impracticability  of  making  war  a  humane  operation.  It 
does  not  follow  that  no  good  has  resulted  from  the  rules  agreed 
upon.  Some  benefit  has  resulted  from  them.  Some  command- 
ers have  observed  them.  Some  lives  have  been  spared  and 
some  suffering  prevented,  but  these  slight  gains  pale  into  in- 
significance when  posted  by  the  side  of  the  appalling  lists  of 
killed  and  wounded,  and  of  those  who  have  suffered  and  died 
from  exposure,  want  and  starvation. 

Though  the  lesson  has  been  taught  over  and  over  ever  since 
the  dawn  of  history,  conditions  never  before  have  been  such 
that  the  remedy  could  be  applied  to  the  evil  at  its  source.  It 
is  now  recognized  by  the  statesmen  of  all  the  great  nations 
that  a  remedy  must  be  found  that  will  relieve,  not  merely  from 
the  incidents  of  war,  but  from  war  itself.  The  moral  senti- 
ments of  humanity  have  asserted  themselves  throughout  the 
world  and  the  determining  factor  of  the  war  has  been,  not  the 
vast  armies  and  equipments  provided  through  a  long  series  of 
years  by  military  leaders,  but  the  general  condemnation  of  the 
ruthless  use  of  force  without  any  valid  cause  for  war,  the  dis- 
regard of  solemn  treaties  as  well  as  of  moral  obligations.  Out- 
raged humanity  has  brought  the  great  nations  of  the  world 
together  in  a  war  the  avowed  purpose  of  which  is  to  make  an 
end  of  war.  The  need  is  clearly  recognized  and  asserted,  and 
the  manner  in  which  the  power  of  all  is  to  be  combined  to  pre- 
serve the  peace  of  each  and  all  has  already  been  outlined.  The 
problem  of  world  organization  for  this  purpose  is  not  essen- 
tially new  in  principle,  but  larger  than  that  of  the  organization 
of  a  single  nation.  It  may  be  more  difficult  of  accomplish- 
ment, but  in  principle  it  appears  less  complicated  than  the  or- 
ganization of  the  governmental  machinery  of  one  of  the  great 
nations.  The  provisions  of  the  Hague  conventions  on  the  sub- 
ject of  restricting  the  savagery  of  war  on  land  are  as  follows : 

CONVENTION  RESPECTING  THE  LAWS  OF  WAR  ON  LAND 
Article    I.    The   Contracting   Powers    shall   issue    instructions   to    their 
armed  land  forces  which  shall  be  in  conformity  to  the  Regulations  respect- 
ing the  laws  and  Customs  of  War  on  Land,  annexed  to  the  present  Con- 
vention. 


THE  HAGUE  CONFERENCES  293 

Art.  2.  The  provisions  contained  in  the  Regulations  referred  to  in 
Article  I,  as  well  as  in  the  present  Convention,  do  not  apply  except  between 
Contracting  Powers,  and  then  only  if  all  the  belligerents  are  parties  to  the 
Convention. 

Art.  3.  A  belligerent  party  which  violates  the  provisions  of  the  said 
Regulations  shall,  if  the  case  demands,  be  liable  to  pay  compensation.  It 
shall  be  responsible  for  all  acts  committed  by  persons  forming  part  of  its 
armed  force. 

Art.  4.  The  present  Convention,  duly  ratified,  shall  as  between  the 
Contracting  Powers,  be  substituted  for  the  Convention  of  the  2o,th  of 
July,  1899,  respecting  the  Laws  and  Customs  of  War  on  Land. 

The  Convention  of  1899  remains  in  force  as  between  the  Powers  which 
signed  it,  and  which  do  not  also  ratify  the  present  Convention. 

(Articles  5,  6,  7,  8  and  9  contain  the  usual  general  provisions.)22 

Regulations  respecting  the  Laws  and  Customs  of  War  on  Land 

Section  I.     On  Belligerents 
Chapter  I — The  Qualifications  of  Belligerents 

Article  i.  The  laws,  rights,  and  duties  of  war  apply  not  only  to  armies, 
but  also  to  militia  and  volunteer  corps  fulfilling  the  following  conditions : 

1.  To  be  commanded  by  a  person  responsible  for  his  subordinates. 

2.  To  have  a  fixed  distinctive  emblem  recognizable  at  a  distance. 

3.  To  carry  arms  openly;  and 

4.  To  conduct  their  operations  in  accordance  with  the  laws  and  customs 
of  war. 

In  countries  where  militia  or  volunter  corps  constitute  the  army,  or  form 
part  of  it,  they  are  included  under  the  denomination  "army." 

Art.  2.  The  inhabitants  of  a  territory  which  has  not  been  occupied, 
who,  on  the  approach  of  the  enemy,  spontaneously  take  up  arms  to  resist 
the  invading  troops  without  having  had  time  to  organize  themselves  in 
accordance  with  Article  I,  shall  be  regarded  as  belligerents  if  they  carry 
arms  openly  and  if  they  respect  the  laws  and  customs  of  war. 

Art.  3.  The  armed  forces  of  the  belligerent  parties  may  consist  of  com- 
batants and  noncombatants.  In  the  case  of  capture  by  the  enemy,  both 
have  a  right  to  be  treated  as  prisoners  of  war. 

Chapter  II — Prisoners   of  War 

Art.  4.  Prisoners  of  war  are  in  the  power  of  the  hostile  Government, 
but  not  of  the  individuals  or  corps  who  capture  them. 

They  must  be  humanely  treated. 

All  their  personal  belongings,  except  arms,  horses,  and  military  papers, 
remain  their  property. 

22  Senate  Documents,  2d  Session  6ist  Congress,  48,  2269. 


294  INTERNATIONAL  RELATIONS 

Art.  5.  Prisoners  of  war  may  be  interned  in  a  town,  fortress,  camp,  or 
other  place,  and  bound  not  to  go  beyond  certain  fixed  limits;  but  they 
cannot  be  confined  except  as  an  indispensable  measure  of  safety  and  only 
while  the  circumstances  which  necessitate  the  measure  continue  to  exist. 

Art.  6.  The  State  may  utilize  the  labour  of  prisoners  of  war  according 
to  their  rank  and  aptitude,  officers  excepted.  The  task  shall  not  be  ex- 
cessive and  shall  have  no  connection  with  the  operations  of  the  war. 

Prisoners  may  be  authorized  to  work  for  the  public  service,  for  private 
persons,  or  on  their  own  account. 

Work  done  for  the  State  is  paid  at  the  rates  in  force  for  work  of  a 
similar  kind  done  by  soldiers  of  the  national  army,  or,  if  there  are  none  in 
force,  at  a  rate  according  to  the  work  executed. 

When  the  work  is  for  other  branches  of  the  public  service  or  for  private 
persons  the  conditions  are  settled  in  agreement  with  the  military  authori- 
ties. 

The  wages  of  the  prisoners  shall  go  towards  improving  their  position, 
and  the  balance  shall  be  paid  them  on  their  release,  after  deducting  the 
cost  of  their  maintenance. 

Art.  7.  The  Government  into  whose  hands  prisoners  of  war  have  fallen 
is  charged  with  their  maintenance. 

In  the  absence  of  a  special  agrement  between  the  belligerents  prison- 
ers of  war  shall  be  treated  as  regards  board,  lodgings,  and  clothing  on  the 
same  footing  as  the  troops  of  the  Government  who  captured  them. 

Art.  8.  Prisoners  of  war  shall  be  subject  to  the  laws,  regulations,  and 
orders  in  force  in  the  army  of  the  State  in  whose  power  they  are.  Any 
act  of  insubordination  justifies  the  adoption  toward  them  of  such  meas- 
ures of  severity  as  may  be  considered  necessary. 

Escaped  prisoners  who  are  retaken  before  being  able  to  rejoin  their 
own  army  or  before  leaving  the  territory  occupied  by  the  army  which  cap- 
tured them  are  liable  to  disciplinary  punishment. 

Prisoners  who,  after  succeeding  in  escaping,  are  again  taken  prisoners, 
are  not  liable  to  any  punishment  on  account  of  the  previous  flight. 

Art.  9.  Every  prisoner  of  war  is  bound  to  give,  if  he  is  questioned  on 
the  subject,  his  true  name  and  rank,  and  if  he  infringes  this  rule,  he  is 
liable  to  have  the  advantages  given  to  prisoners  of  his  class  curtailed. 

Art.  10.  Prisoners  of  war  may  be  set  at  liberty  on  parole  if  the  laws 
of  their  country  allow,  and,  in  such  cases,  they  are  bound,  on  their  per- 
sonal honor,  scrupulously  to  fulfil,  both  towards  their  own  Government 
and  the  Government  by  whom  they  were  made  prisoners,  the  engage- 
ments they  have  contracted. 

In  such  cases  their  own  government  is  bound  neither  to  require  of  not 
accept  from  them  any  service  incompatible  with  the  parole  given. 

Art.  II.  A  prisoner  of  war  cannot  be  compelled  to  accept  his  liberty 
on  parole ;  similarly  the  hostile  Government  is  not  obliged  to  accede  to 
the  request  of  the  prisoner  to  be  set  at  liberty  on  parole. 


THE  HAGUE  CONFERENCES  295 

Art.  12.  Prisoners  of  war  liberated  on  parole  and  recaptured  bearing 
arms  against  the  Government  to  whom  they  had  pledged  their  honor,  or 
against  the  allies  of  that  government,  forfeit  their  right  to  be  treated  as 
prisoners  of  war,  and  can  be  brought  before  the  Courts. 

Art.  13.  Individuals  who  follow  an  army  without  directly  belonging  to 
it,  such  as  newspaper  correspondents  and  reporters,  sutlers  and  contrac- 
tors, who  fall  into  the  enemy's  hands  and  whom  the  later  thinks  expedient 
to  detain,  are  entitled  to  be  treated  as  prisoners  of  war,  provided  they  are 
in  the  possession  of  a  certificate  from  the  military  authorities  of  the 
army  which  they  were  accompanying. 

Art.  14.  An  inquiry  office  for  prisoners  of  war  is  instituted  on  the 
commencement  of  hostilities  in  each  of  the  belligerent  States,  and  when 
necessary,  in  neutral  countries  which  have  received  belligerents  in  their 
territory.  It  is  the  function  of  this  office  to  reply  to  all  inquiries  about 
prisoners.  It  receives  from  the  various  services  concerned  full  information 
respecting  interments  and  transfers,  releases  on  parole,  exchanges,  escapes, 
admissions  into  hospital,  deaths,  as  well  as  other  information  necessary  to 
enable  it  to  make  out  and  keep  up  to  date  an  individual  return  for  each 
prisoner  of  war.  The  office  must  state  in  this  return  the  regimental  num- 
ber, name  and  surname,  age,  place  of  origin,  rank,  unit,  wounds,  date  and 
place  of  capture,  internment,  wounding,  and  death,  as  well  as  any  observa- 
tions of  a  special  character.  The  individual  return  shall  be  sent  to  the  Gov- 
ernment of  the  other  belligerent  after  the  conclusion  of  peace. 

It  is  likewise  the  function  of  the  inquiry  office  to  receive  and  collect  all 
objects  of  personal  use,  valuables,  letters,  etc.,  found  on  the  field  of  battle 
or  left  by  prisoners  who  have  been  released  on  parole,  or  exchanged,  or 
who  have  escaped,  or  died  in  hospital  or  ambulances,  and  to  forward  them 
to  those  concerned. 

Art.  15.  Relief  societies  for  prisoners  of  war,  which  are  properly  con- 
stituted in  accordance  with  the  laws  of  their  country  and  with  the  object 
of  serving  as  the  channel  for  charitable  effort  shall  receive  from  the  belli- 
gerents, for  themselves  and  their  duly  accredited  agents  every  facility  for 
the  efficient  performance  of  their  humane  task  within  the  bounds  imposed 
by  military  necessities  and  administrative  regulations.  Agents  of  these 
societies  may  be  admitted  to  the  places  of  interment  for  the  purpose  of  dis- 
tributing relief,  as  also  to  the  halting  places  of  repatriated  prisoners,  if 
furnished  with  a  personal  permit  by  the  military  authorities,  and  on  giving 
an  undertaking  in  writing  to  comply  with  all  measures  of  order  and  police 
which  the  latter  may  issue. 

Art.  16.  Inquiry  offices  enjoy  the  privilege  of  free  postage.  Letters, 
money  orders,  and  valuables,  as  well  as  parcels  post,  intended  for  prisoners 
of  war,  or  dispatched  by  them,  shall  be  exempt  from  all  postal  duties  in 
the  countries  of  origin  and  destination,  as  well  as  in  the  countries  they  may 
pass  through. 

Presents  and  relief  in  kind  for  prisoners  of  war  shall  be  admitted  free 


296  INTERNATIONAL  RELATIONS 

of  all  import  or  other  duties,  as  well  as  of  payments  for  carriage  by  the 
State  railways. 

Art.  17.  Officers  taken  prisoners  shall  receive  the  same  rate  of  pay  as 
officers  of  corresponding  rank  in  the  country  where  they  are  detained, 
the  amount  to  be  ultimately  refunded  by  their  own  Government. 

Art.  18.  Prisoners  of  war  shall  enjoy  complete  liberty  in  the  exercise 
of  their  religion,  including  attendance  at  the  services  of  whatever  church 
they  may  belong  to,  on  the  sole  condition  that  they  comply  with  the 
measures  of  order  and  police  issued  by  the  military  authorities. 

Art.  19.  The  wills  of  prisoners  of  war  are  received  or  drawn  up  the 
same  way  as  for  soldiers  of  the  national  army. 

The  same  rules  shall  be  observed  regarding  death  certificates  as  well  as 
for  the  burial  of  prisoners  of  war,  due  regard  being  paid  to  their  grade 
and  rank. 

Art.  20.  After  the  conclusion  of  peace,  the  repatriation  of  prisoners 
of  war  shall  be  carried  out  as  quickly  as  possible. 

Chapter  III — The  Sick  and  Wounded 

Art.  21.  The  obligations  of  belligerents  with  regard  to  the  sick  and 
wounded  are  governed  by  the  Geneva  Convention. 

Section  II.    Hostilities 
Chapter  I — Means  of  Injuring  the  Enemy,  Sieges,  and  Bombardments 

Art.  22.  The  rights  of  belligerents  to  adopt  means  of  injuring  the  enemy 
are  not  unlimited. 

Art.  23.  In  addition  to  the  prohibitions  provided  by  special  Conventions, 
it  is  especially  forbidden. 

(a)  To  employ  poison  or  poisoned  weapons ; 

(b)  To   kill   or   wound   treacherously   individuals   belonging   to    the 
hostile  nation  or  army; 

(c)  To  kill  or  wound  an  enemy  who,  having  laid  down  his  arms,  or 
having  no  longer  means  of  defence,  has  surrendered  at  discretion; 

(d)  To  declare  that  no  quarter  will  be  given; 

(e)  To  employ  arms,  projectiles,  or  material  calculated  to  cause  un- 
necessary suffering; 

(f)  To  make  improper  use  of  a  flag  of  truce,  of  the  national  flag,  or 
of  the  military  insignia  and  uniform  of  the  enemy,  as  well  as  the 
distinctive  badges  of  the  Geneva  Convention; 

(g)  To  destroy  or  seize  the  enemy's  property,  unless  such  destruc- 
tion or  seizure  be  imperatively  demanded  by  the  necessities  of 
war; 

(h)  To  declare  abolished,  suspended,  or  inadmissible  in  a  court  of  law 

the  rights  and  actions  of  the  nationals  of  the  hostile  party. 
A  belligerent  is  likewise  forbidden  to  compel  the  nationals  of  the  hostile 


THE  HAGUE  CONFERENCES  297 

party  to  take  part  in  the  operations  of  war  directed  against  their  own 
country,  even  if  they  were  in  the  belligerent's  service  before  the  com- 
mencement of  the  war. 

Art.  24.  Ruses  of  war  and  the  employment  of  measures  necessary  for 
obtaining  information  about  the  enemy  and  the  country  are  considered 
permissible. 

Art.  25.  The  attack  or  bombardment,  by  whatever  means,  of  towns, 
villages,  dwellings,  or  buildings  which  are  undefended  is  prohibited. 

Art.  26.  The  officer  in  command  of  an  atacking  force  must,  before  com- 
mencing a  bombardment,  except  in  case  of  assault,  do  all  in  his  power  to 
warn  the  authorities. 

Art.  27.  In  sieges  and  bombardments  all  necessary  steps  must  be  taken 
to  spare,  as  far  as  possible,  buildings  dedicated  to  religion,  art,  science, 
or  charitable  purposes,  historic  monuments,  hospitals,  and  places  where 
the  sick  and  wounded  are  collected,  provided  that  they  are  not  being  used 
at  the  time  for  military  purposes. 

It  is  the  duty  of  the  besieged  to  indicate  the  presence  of  such  buildings  01 
places  by  distinctive  and  visible  signs,  which  shall  be  notified  to  the  enemy 
beforehand. 

Art.  28.  The  pillage  of  a  town  or  place,  even  when  taken  by  assault, 
is  prohibited. 

Chapter   II — Spies 

Art.  29.  A  person  can  only  be  considered  a  spy  when,  acting  clandesi 
tinely  or  on  false  pretenses,  he  obtains  or  endeavors  to  obtain  information 
in  the  zone  of  operations  of  a  belligerent,  with  the  intention  of  communi- 
cating it  to  the  hostile  party. 

Thus,  soldiers  not  wearing  a  disguise  who  have  penetrated  into  the 
zone  of  the  operations  of  the  hostile  army,  for  the  purpose  of  obtaining 
information,  are  not  considered  spies.  Similarly,  the  following  are  not 
considered  spies :  Soldiers  and  civilians,  carrying  out  their  mission  openly, 
entrusted  with  the  delivery  of  dispatches  intended  either  for  their  own 
army  or  for  the  enemy's  army.  To  this  class  belong  likewise  persons  sent 
in  balloons  for  the  purpose  of  carrying  dispatches  and,  generally,  of  main- 
taining communications  between  the  different  parts  of  an  army  or  a 
territory. 

Art.  30.  A  spy  taken  in  the  act  shall  not  be  punished  without  previous 
trial. 

Art.  31.  A  spy  who,  after  rejoining  the  army  to  which  he  belongs,  is 
subsequently  captured  by  the  enemy,  is  treated  as  a  prisoner  of  war,  and 
incurs  no  responsibility  for  his  previous  acts  of  espionage. 

Chapter  III— Flags  of  Truce 

Art.  32.  A  person  is  regarded  as  bearing  a  flag  of  truce  who  has  been 
authorized  by  one  of  the  belligerents  to  enter  into  communication  with 


2g8  INTERNATIONAL  RELATIONS 

the  other,  and  who  advances  bearing  a  white  flag.  He  has  a  right  to 
inviolability,  as  well  as  the  trumpeter,  bugler  or  drummer,  the  flag-bearer 
and  interpreter  who  may  accompany  him. 

Art.  33.  The  commander  to  whom  a  flag  of  truce  is  sent  is  not  in  all 
cases  obliged  to  receive  it. 

He  may  take  all  the  necessary  steps  to  prevent  the  envoy  taking  advan- 
tage of  his  mission  to  obtain  information. 

In  case  of  abuse,  he  has  the  right  to  detain  the  envoy  temporarily. 

Art.  34.  The  envoy  loses  his  right  of  inviolability  if  it  is  proved  in  a 
clear  and  incontestable  manner  that  he  has  taken  advantage  of  his  privi- 
leged position  to  provoke  or  commit  an  act  of  treachery. 

Chapter   IV — Capitulations 

Art.  35.    Capitulations  agreed  upon  between  the  contracting  parties  must 
take  into  account  the  rules  of  military  honour. 
Once  settled,  they  must  be  scrupulously  observed  by  both  parties. 

Chapter  V — Armistices 

Art.  36.  An  armistice  suspends  military  operations  by  mutual  agreement 
between  the  belligerent  parties.  If  its  duration  is  not  defined,  the  belliger- 
ent parties  may  resume  operations  at  any  time,  provided  always  that  the 
enemy  is  warned  within  the  time  agreed  upon,  in  accordance  with  the  terms 
of  the  armistice. 

Art.  37.  An  armistice  may  be  general  or  local.  The  first  suspends  the 
military  operations  of  the  belligerent  States  everywhere;  the  second  only 
between  certain  fractions  of  the  belligerent  armies  and  within  a  fixed 
radius. 

Art.  38.  An  armistice  must  be  notified  officially  and  in  good  time  to  the 
competent  authorities  and  to  the  troops.  Hostilities  are  suspended  im- 
mediately after  the  notification,  or  on  the  date  fixed. 

Art.  39.  It  rests  with  the  contracting  parties  to  settle,  in  the  terms  of 
the  armistice,  what  communications  may  be  held  in  the  theater  of  war 
with  the  inhabitants  and  between  the  inhabitants  of  one  belligerent  State 
with  those  of  the  other. 

Art.  40.  Any  serious  violation  of  the  armistice  by  one  of  the  parties 
gives  the  other  party  the  right  of  denouncing  it,  and  even,  in  cases  of 
urgency,  of  recommencing  hostilities  immediately. 

Art.  41.  A  violation  of  the  terms  of  the  armistice  by  private  persons 
acting  on  their  own  initiative  only  entitles  the  injured  party  to  demand  the 
punishment  of  the  offenders  or,  if  necessary,  compensation  for  the  losses 
sustained. 

Section  III.    Military  Authority  over  the  Territory  of  the  Hostile  State 

Art.  42.  Territory  is  considered  occupied  when  it  is  actually  placed  under 
the  authority  of  the  hostile  army. 


THE  HAGUE  CONFERENCES  299 

The  occupation  extends  only  to  the  territory  where  such  authority  has 
been  established  and  can  be  exercised. 

Art.  43.  The  authority  of  the  legitimate  power  having  in  fact  passed  into 
the  hands  of  the  occupant,  the  latter  shall  take  all  the  measures  in  his 
power  to  restore,  and  ensure,  as  far  as  possible,  public  order  and  safety, 
while  respecting,  unless  absolutely  prevented,  the  laws  in  force  in  the 
country. 

Art.  44.  A  belligerent  is  forbidden  to  force  the  inhabitants  of  territory 
occupied  by  it  to  furnish  information  about  the  army  of  the  other  bel- 
ligerent, or  about  its  means  of  defence. 

Art.  45.  It  is  forbidden  to  compel  the  inhabitants  of  occupied  territory 
to  swear  allegiance  to  the  hostile  Power. 

Art.  46.  Family  honour  and  rights,  the  lives  of  persons,  and  private 
property,  as  well  as  religious  convictions  and  practice,  must  be  respected. 

Private  property  cannot  be  confiscated. 

Art.  47.    Pillage  is  formally  forbidden. 

Art.  48.  If,  in  the  territory  occupied,  the  occupant  collects  the  taxes, 
dues,  and  tolls  imposed  for  the  benefit  of  the  State,  he  shall  do  so,  as  far 
as  possible,  in  accordance  with  the  rules  of  assessment  and  incidence  in 
force,  and  shall  in  consequence  be  bound  to  defray  the  expenses  of  the 
administration  of  the  occupied  territory  to  the  same  extent  as  the  legiti- 
mate Government  was  so  bound. 

Art.  49.  If,  in  addition  to  the  taxes  mentioned  in  the  above  Article,  the 
occupant  levies  other  money  contributions  in  the  occupied  territory,  this 
shall  only  be  for  the  needs  of  the  army  or  of  the  administration  of  the 
territory  in  question. 

Art.  50.  No  general  penalty,  pecuniary  or  otherwise,  shall  be  inflicted 
upon  the  population  on  account  of  the  acts  of  individuals  for  which  they 
cannot  be  regarded  as  jointly  and  severally  responsible. 

Art.  51.  No  contribution  shall  be  collected  except  under  a  written  or- 
der, and  on  the  responsibility  of  a  Commander-in-chief. 

The  collection  of  the  said  contribution  shall  only  be  effected  as  far  as 
possible  in  accordance  with  the  rules  of  assessment  and  incidence  of  the 
taxes  in  force. 

For  every  contribution  a  receipt  shall  be  given  to  the  contributors. 

Art.  52.  Requisitions  in  kind  and  services  shall  not  be  demanded 
from  municipalities  or  inhabitants  except  for  the  needs  of  the  army  of 
occupation.  They  shall  be  in  proportion  to  the  resources  of  the  country,  and 
of  such  a  nature  as  not  to  involve  the  inhabitants  in  the  obligation  of  tak- 
ing part  in  military  operations  against  their  own  country. 

Such  requisitions  and  services  shall  only  be  demanded  on  the  authority 
of  the  commander  in  the  locality  occupied. 

Contributions  in  kind  shall  as  far  as  possible  be  paid  for  in  cash;  if  not, 
a  receipt  shall  be  given,  and  the  payment  of  the  amount  due  shall  be  made 
as  soon  as  possible. 


300  INTERNATIONAL  RELATIONS 

Art.  53.  An  army  of  occupation  can  only  take  possesion  of  cash, 
funds,  and  realizable  securities  which  are  strictly  the  property  of  the 
State,  depots  of  arms,  means  of  transportation,  stores  and  supplies,  and, 
generally,  all  movable  property  belonging  to  the  State  which  may  be  used 
for  military  operations. 

Art.  54.  Submarine  cables  connecting  occupied  territory  with  a  neutral 
territory  shall  not  be  seized  or  destroyed  except  in  the  case  of  absolute 
necessity.  They  must  likewise  be  restored  and  compensation  fixed  when 
peace  is  made. 

Art.  55.  The  occupying  state  shall  be  regarded  only  as  administrator 
and  usufructuary  of  public  buildings,  real  estate,  forests,  and  agricultural 
estates  belonging  to  the  hostile  State,  and  situated  in  the  occupied  coun- 
try. It  must  safeguard  the  capital  of  these  properties,  and  administer 
them  in  accordance  with  rules  of  usufruct. 

Art.  56.  The  property  of  municipalities,  that  of  institutions  dedicated 
to  religion,  charity  and  education,  the  arts  and  sciences,  even  when  state 
property,  shall  be  treated  as  private  property. 

All  seizures  of,  destruction  or  wilful  damage  done  to  institutions  of  this 
character,  historic  monuments,  works  of  art  and  science  is  forbidden,  and 
should  be  made  the  subject  of  legal  proceedings.23 

Declaration  Prohibiting  the  Discharge  of  Projectiles  and  Explosives 
from  Balloons 

The  Undersigned  Plenipotentiaries  of  the  Powers  invited  to  the  Second 
International  Peace  Conference  at  The  Hague,  duly  authorized  to  that 
effect  by  their  Governments,  inspired  by  the  sentiments  which  found  ex- 
pression in  the  Declaration  of  St.  Petersburg  of  the  2o.th  November 
(nth  December),  1868,  and  being  desirous  of  renewing  the  declaration 
of  The  Hague  of  the  29th  July,  1899,  which  has  now  expired, 

Declare : 

The  Contracting  Powers  agree  to  prohibit,  for  a  period  extending  to 
the  close  of  the  Third  Peace  Conference,  the  discharge  of  projectiles  and 
explosives  from  balloons  or  by  other  new  methods  of  a  similar  nature. 

The  present  Declaration  is  only  binding  on  the  Contracting  Powers  in 
case  of  war  between  two  or  more  of  them. 

It  shall  cease  to  be  binding  from  the  time  when,  in  a  war  between  the 
Contracting  Powers,  one  of  the  belligerents  is  joined  by  a  non-Contracting 
Power.23' 

CONVENTION  RESPECTING  THE  RIGHTS  AND  DUTIES  OF  NEUTRAL  POWERS  AND 
PERSONS  IN  WAR  ON  LAND 

Chapter  I — The  Rights  and  Duties  of  Neutral  Powers 
Article  I.    The  territory  of  neutral  Powers  is  inviolable. 

23  Senate  Documents,  2d  Session  6ist  Congress,  48,  2281. 
23a  Senate  Documents,  2d  Session   6ist  Congress,  48,  2366. 


THE  HAGUE  CONFERENCES  301 

Art.  2.    Belligerents  are  forbidden  to  move  troops  or  convoys  of  either 
munitions  of  war  or  supplies  across  the  territory  of  a  neutral  Power. 
Art.  3.    Belligerents  are  likewise  forbidden  to : 

(a)  Erect  on  the  territory  of  a  neutral  Power  a  wireless  telegraph 
station  or  other  apparatus  for  the  purpose  of  communicating  with 
belligerent  forces  on  land  or  sea; 

(b)  Use  any  installation  of  this  kind  established  by  them  before  the 
war  on  the  territory  of  a  neutral  Power  for  purely  military  pur- 
poses, and  which  has  not  been  opened  for  the  service  of  public 
messages. 

Art.  4.  Corps  of  combatants  cannot  be  formed  nor  recruiting  agencies 
opened  on  the  territory  of  a  neutral  Power  to  assist  the  belligerents. 

Art.  5.  A  neutral  Power  must  not  allow  any  of  the  acts  referred  to  in 
Articles  2  to  4  to  occur  on  its  territory. 

It  is  not  called  upon  to  punish  acts  in  violation  of  its  neutrality  unless 
the  said  acts  have  been  committed  on  its  own  territory. 

Art.  6.  The  responsibility  of  a  neutral  Power  is  not  engaged  by  the 
fact  of  persons  crossing  the  frontier  separately  to  offer  their  services  to 
one  of  the  belligerents. 

Art.  7.  A  neutral  Power  is  not  called  upon  to  prevent  the  export  or 
transport,  on  behalf  of  one  or  other  of  the  belligerents,  of  arms,  munitions 
of  war,  or,  in  general,  of  anything  which  can  be  of  use  to  an  army 
or  fleet. 

Art.  8.  A  neutral  Power  is  not  called  upon  to  forbid  or  restrict  the 
use  on  behalf  of  the  belligerents  of  telegraph  or  telephone  cables  or  of 
wireless  telegraphy  apparatus  belonging  to  it  or  to  Companies  or  private 
individuals. 

Art.  9.  Every  measure  of  restriction  or  prohibition  taken  by  a  neutral 
Power  in  regard  to  the  matters  referred  to  in  Articles  7  and  8  must  be 
impartially  applied  by  it  to  both  belligerents. 

A  neutral  Power  must  see  to  the  same  obligation  being  observed  by 
Companies  or  private  individuals  owning  telegraph  or  telephone  cables  or 
wireless  telegraphy  apparatus. 

Art.  10.  The  fact  of  a  neutral  Power  resisting,  even  by  force,  attempts 
to  violate  its  neutrality  cannot  be  regarded  as  a  hostile  act. 

Chapter   II — Belligerents   Interned  and  Wounded   tended  in 
Neutral  Territory 

Art.  II.  A  neutral  Power  which  receives  on  its  territory  troops  belong- 
ing to  the  belligerent  armies  shall  intern  them,  as  far  as  possible  at  a 
distance  from  the  theater  of  war. 

It  may  keep  them  in  camps  and  even  confine  them  in  fortresses  or  in 
places  set  apart  for  this  purpose. 

It  shall  decide  whether  officers  shall  be  left  at  liberty  on  giving  their 
parole  not  to  leave  the  neutral  territory  without  permission. 


302  INTERNATIONAL  RELATIONS 

Art.  12.  In  the  absence  of  a  special  Convention  to  the  contrary,  the 
neutral  Power  shall  supply  the  interned  with  the  food,  clothing,  and  relief 
required  by  humanity. 

At  the  conclusion  of  peace  the  expenses  caused  by  the  internment  shall 
be  made  good. 

Art.  13.  A  neutral  Power  which  receives  escaped  prisoners  of  war 
shall  leave  them  at  liberty.  If  it  allows  them  to  remain  in  its  terri- 
tory it  may  assign  them  a  place  of  residence. 

The  same  rule  applies  to  prisoners  of  war  brought  by  troops  taking 
refuge  in  the  territory  of  a  neutral  Power. 

Art.  14.  A  neutral  Power  may  authorize  the  passage  into  its  territory 
of  the  sick  and  wounded  belonging  to  the  belligerent  armies,  on  condi- 
tion that  the  trains  bringing  them  shall  carry  neither  personnel  or  war 
material.  In  such  a  case,  the  neutral  Power  is  bound  to  take  whatever 
measures  of  safety  and  control  are  necessary  for  the  purpose. 

The  sick  or  wounded  brought  under  these  conditions  into  neutral 
territory  by  one  of  the  belligerents,  and  belonging  to  the  hostile  party, 
must  be  guarded  by  the  neutral  Power  so  as  to  ensure  their  not  taking 
part  again  in  the  military  operations.  The  same  duty  shall  devolve  on 
the  neutral  State  with  regard  to  wounded  or  sick  of  the  other  army  who 
may  be  committed  to  its  care. 

Art.  15.  The  Geneva  convention  applies  to  sick  and  wounded  interned 
in  neutral  territory. 

Chapter  III — Neutral  Persons 

Art.  16.    The  nationals  of  a  State  which  is  not  taking  part  in  the  war 
are  considered  as  neutrals. 
Art.  17.    A  neutral  cannot  avail  himself  of  his  neutrality: 

(a)  If  he  commits  hostile  acts  against  a  belligerent ; 

(b)  If  he  commits  acts  in  favor  of  a  belligerent,  particularly  if  he 
voluntarily  enlists  in  the  ranks  of  the  armed  forces  of  one  of  the 
parties. 

In  such  a  case,  the  neutral  shall  not  be  more  severely  treated  by  the 
belligerent  as  against  whom  he  has  abandoned  his  neutrality  than  a 
national  of  the  other  belligerent  State  could  be  for  the  same  act. 

Art.  18.  The  following  acts  shall  not  be  considered  as  committed  in 
favor  of  one  belligerent  in  the  sense  of  Article  17,  letter  (b)  ; 

(a)  Supplies  furnished  or  loans  made  to  one  of  the  belligerents,  pro- 
vided  that   the   person   who    furnishes   the    supplies   or   who    makes   the 
loans  lives  neither  in  the  territory  of  the  other  party  nor  in  the  territory 
occupied  by  him,  and  that  the  supplies  do  not  come  from  these  territories ; 

(b)  Services  rendered  in  matters  of  police  or  civil  administration. 
Art.  19.    Railway  material  coming  from  the  territory  of  neutral  Powers, 

whether  it  be  the  property  of  the  said  Powers  or  of  Companies  or  private 
persons,  and  recognizable  as  such,  shall  not  be  requisitioned  or  utilized 


THE  HAGUE  CONFERENCES  303 

by  a  belligerent  except  where  and  to  the  extent  that  is  absolutely  neces- 
sary. It  shall  be  sent  back  as  soon  as  possible  to  the  country  of  origin. 

A  neutral  Power  may  likewise  in  case  of  necessity,  retain  and  utilize 
to  an  equal  extent  material  coming  from  the  territory  of  the  belligerent 
Power. 

Compensation  shall  be  paid  by  one  party  to  the  other  in  proportion  to 
the  material  used,  and  to  the  period  of  usage. 

Chapter  V — Final  Provisions 
(Substantially  the  same  as  in  the  other  Conventions.)2* 

LAWS  AND  CUSTOMS  OF  WAR  ON  THE  SEA 

The  second  Hague  Conference  concluded  conventions  re- 
lative to  the  Status  of  Enemy  Merchant-ships  at  the  Outbreak 
of  Hostilities;  the  Conversion  of  Merchant-ships  into  War- 
ships; the  Laying  of  Automatic  Submarine  Contact  Mines; 
Bombardment  by  naval  forces  in  Time  of  War;  the  Adapta- 
tion to  Naval  War  of  the  Principles  of  the  Geneva  Convention ; 
relative  to  certain  Restrictions  with  regard  to  the  Exercise 
of  the  Right  of  Capture  in  Naval  War;  for  the  creation  of  an 
International  Prize  Court;  and  concerning  the  Rights  and 
Duties  of  Neutral  Powers  in  Naval  War.  Afterward  at  the 
International  Naval  Conference  held  at  London  a  Declaration 
was  signed  by  the  plenipotentiaries  of  Germany,  the  United 
States,  Austria-Hungary,  France,  Great  Britain  and  The 
Netherlands  concerning  the  Laws  of  Naval  Warfare.  When 
the  great  war  broke  out  these  conventions  and  agreements 
were  not  technically  in  force  because  not  ratified  by  all  the 
belligerents,  but  they  stood  as  an  expression  of  the  representa- 
tives of  the  nations  as  to  what  rules  ought  to  be  observed. 
They  related  both  to  the  operations,  rights  and  duties  of  belli- 
gerents and  neutrals  on  the  open  sea,  which  is  the  common 
property  of  all  nations,  and  to  the  use  of  ports  and  interior 
waters.  Taken  together  they  form  a  fairly  complete  code 
for  the  regulation  of  naval  warfare.  They  are  all  based  on 
full  recognition  of  the  right  of  nations  to  wage  war  and  to  do 
so  on  the  sea  to  which  no  nation  or  group  of  nations  has  ex- 
clusive right.  The  need  of  international  agreement  on  these 

24  Senate  Documents,  2d  Session  6ist  Congress,  48,  220x1. 


304  INTERNATIONAL  RELATIONS 

subjects  amounting  to  international  legislation  is  obvious.  The 
ever  increasing  interdependence  of  the  people  of  one  nation  on 
those  of  others  for  supplies  of  food,  manufacturers'  supplies, 
fuel,  and  other  necessaries,  most  of  which  must  be  transported 
by  water,  renders  every  interference  with  the  free  use  of  the 
oceans  a  matter  of  vital  concern  to  all.  The  right  to  carry  on 
war  all  over  the  open  sea  being  recognized,  all  nations  are 
directly  interested  in  the  establishment  of  fixed  and  definite 
principles  governing  the  rights  and  duties  of  belligerents  and 
neutrals  toward  each  other,  and  this  was  the  purpose  of  these 
conventions.  Though  prepared  with  so  much  care  and  agreed 
upon  with  so  much  difficulty,  they  failed  most  miserably  to 
accomplish  the  humane  purposes  of  their  authors,  or  to  afford 
rules  of  safety  for  neutrals  in  the  operation  of  their  merchant 
ships.  They  have  been  even  more  flagrantly  violated  than  the 
conventions  relating  to  the  conduct  of  war  on  land.  Their 
most  vital,  essential  and  fundamental  principles  have  been 
disregarded,  not  merely  in  particular  exceptional  instances, 
but  habitually  and  continuously. 

Merchant-ships  in  the  ports  of  an  enemy  at  the  outbreak 
of  war  have  generally  been  seized  and  used.  So  far  as  the 
published  reports  of  the  actions  of  belligerents  go,  it  appears 
that  little  if  any  attention  has  been  paid  to  the  convention  on 
that  subject.  It  is  too  early,  however,  to  give  a  full  and  re- 
liable statement  of  the  conduct  of  each  government  in  this 
respect.  Merchant-ships  have  been  converted  into  warships 
without  much  if  any  complaint  of  the  violation  of  the  conven- 
tion with  reference  to  them.  Very  many  losses  both  of  life 
and  of  property  have  been  sustained  by  neutrals  from  the  lay- 
ing of  automatic  contact  submarine  mines  in  violation  of  the 
convention  relating  to  them.  Loose  mines  have  been  en- 
countered far  away  from  the  coast  by  neutral  ships  which 
have  been  destroyed  by  them.  Undefended  towns,  villages, 
dwellings  and  other  buildings  on  the  coast  of  England  were 
bombarded  by  German  warships  in  the  early  period  of  the 
war,  but  the  operations  of  the  naval  forces  in  land  attacks 
have  not  been  of  conspicuous  importance.  The  principles 
of  the  Geneva  Convention  applicable  to  naval  warfare  have 


THE  HAGUE  CONFERENCES  305 

been  repeatedly  and  most  grossly  violated.  Hospital  ships 
duly  marked  and  bearing  all  the  evidences  of  their  character 
in  accordance  with  the  convention  relating  to  them  have  been 
ruthlessly  sunk,  and  the  sick  and  wounded,  the  surgeons  and 
nurses  on  them  exposed  to  all  the  perils  of  the  sea  in  open 
boats,  or  even  intentionally  fired  upon,  and  killed,  wounded 
or  drowned.  The  convention  relative  to  the  right  of  capture 
in  naval  war  deals  only  with  a  few  points.  The  Hague  Con- 
ference did  not  succeed  in  covering  the  field  of  naval  warfare 
owing  to  diverse  views  in  some  respects.  The  duty  of  the 
captor  to  secure  the  ship's  papers  and  the  witnesses  needed  to 
prove  the  character  of  the  vessel  and  cargo,  and  to  take  the 
ship  into  a  port  for  adjudication,  and  all  the  procedure  relating 
to  such  adjudication  and  the  disposition  of  the  proceeds  of 
the  confiscated  property  is  very  fully  regulated  by  Title  LIV  of 
the  Revised  Statutes  of  the  United  States.  In  the  Articles 
for  the  Government  of  the  Navy  it  is  provided :  "If  any 
person  in  the  Navy  strips  off  the  clothes  of,  or  pillages,  or  in 
any  manner  maltreats,  any  person  taken  on  board  a  prize, 
he  shall  suffer  such  punishment  as  a  court-martial  may  ad- 
judge."25 Wanton  injuries  to  the  captured  crew  are  grounds 
for  civil  damages.26  Captors  are  under  obligations  to  show  due 
respect  to  the  persons  and  property  of  neutrals,  and  to  bring 
in  the  prize  in  as  good  condition  as  possible.27  These  rules  are 
the  generally  accepted  law  of  all  civilized  countries  and  have 
been  for  more  than  a  century.  There  were  however  various 
matters  connected  with  naval  warfare  as  to  which  there  were 
differences  in  the  customs  and  adjudications  of  the  prize  courts 
of  different  nations.  Most  if  not  all  of  these  were  considered 
and  provided  for  in  the  Declaration  of  London.  But  this 
Declaration  was  never  ratified  by  the  parties  to  it  and  therefore 
has  no  binding  effect  as  an  agreement.  It  may  also  be  said 
that  all  the  Hague  conventions  contain  a  provision  that — 
"The  provisions  of  the  present  convention  do  not  apply  except 
between  the  contracting  powers,  and  then  only  if  all  the 

25  Compiled  Statutes  of  the  United  States  1918,  §2977. 

26  The  Lively,  15  Fed.  Cas.  No.  8403. 

27  Del  Col  v.  Arnold,  3  Dallas  (U.S.)  333. 


306  INTERNATIONAL  RELATIONS 

belligerents  are  parties  to  the  convention."  The  course  of 
events  in  the  war  sustains  von  Moltke's  assertion  that  belliger- 
ents will  be  influenced  in  their  conduct  by  the  circumstances 
with  which  they  are  surrounded  rather  than  by  any  set  of 
rules  agreed  to  before  the  conflict.  War  having  been  declared, 
Germany  deemed  it  of  vital  importance  to  crush  France  at 
once.  The  best  road  to  France  was  through  Belgium.  Ger- 
many therefore  asked  permission  to  move  her  army  through 
Belgium.  This  request  was  refused.  Germany,  France  and 
Great  Britain  guaranteed  the  neutrality  of  Belgium  in  the 
general  treaty  of  i839,28  and  afterward  by  separate  treaties. 
Under  these  treaties  it  was  the  plain  duty  of  Belgium  to  re- 
main neutral  and  prevent  the  passage  of  the  German  troops 
over  her  territory.  To  respect  this  neutrality  and  attack 
France  only  across  the  boundary  of  the  two  countries  would 
cause  delay  and  unfavorable  military  situations.  Germany 
therefore  disregarded  her  treaty  and  violated  the  most  funda- 
mental principles  of  good  faith  as  well  as  of  international 
law.  This  conduct  shocked  the  moral  sense  of  neutral  nations. 
The  slaughter  of  civilians  who  attempted  to  defend  their 
homes  and  the  destruction  of  Louvain  and  other  Belgian 
towns,  appeared  as  almost  incredible  exhibitions  of  savagery. 

Great  Britain  entered  the  war  to  perform  its  treaty  obliga- 
tions and  defend  Belgium.  Having  the  greatest  navy  in  the 
world,  but  a  very  small  army,  it  used  the  weapon  it  had.  The 
most  vulnerable  place  in  Germany's  armor  seemed  to  be  in  its 
commerce  and  dependence  on  other  nations  for  supplies. 
England  therefore  blockaded  its  ports.  But  a  mere  blockade 
of  such  ports  as  could  be  reached  would  not  avail  because 
the  ports  of  neutral  neighbors  afforded  ample  facilities  for 
shipments  from  and  to  foreign  countries.  To  make  the  block- 
ade effective  it  was  necessary  to  blockade  the  ports  of  Holland, 
Denmark,  Norway  and  Sweden.  Article  I  of  the  Declaration 
of  London  reads —  "A  blockade  must  not  extend  beyond  the 
ports  and  coasts  belonging  to  or  occupied  by  the  enemy,"  and 
Article  18 —  "The  blockading  forces  must  not  bar  access  to 
neutral  ports  or  coasts."  Great  Britain  did  not  bar  all  access 

28  Taylor  Int.  Law  119.    Wheaton  Hist.  Pt.  iv.  526 


THE  HAGUE  CONFERENCES  307 

to  the  ports  of  the  neutral  nations,  but  did  bar  the  entry  of 
merchandise  into  such  ports  of  such  kinds  and  to  such  extent 
as  it  deemed  best,  without  regard  either  to  the  rights  or  the 
wishes  of  such  neutral  nations.  Ships  and  cargoes  from 
America,  then  also  neutral,  were  stopped  and  held  as  con- 
traband. 

The  rules  for  determining  what  articles  are  to  be  deemed 
contraband  have  not  been  altogether  clear  or  well  settled. 
The  Declaration  of  London  defines  three  classes,  absolute  con- 
traband, including  arms,  munitions  and  military  supplies  of 
all  kinds,  warships,  their  equipments  and  component  parts, 
and  implements  and  apparatus  for  the  manufacture  of  mu- 
nitions ;  conditional  contraband : — foodstuffs,  forage  and  grain, 
clothing,  vehicles,  vessels,  railway  material  and  rolling  stock, 
balloons  and  flying  machines,  fuel,  and  other  articles  men- 
tioned:— and  articles  not  to  be  declared  contraband  including 
raw  cotton,  wool,  silk,  jute,  flax,  hemp,  and  yarns  of  the  same, 
rubber,  resins,  gums,  and  lacs,  hops,  nitrates  and  phosphates 
for  agricultural  purposes  and  metallic  ores.  Full  lists  of  each 
class  are  given  respectively  in  Articles  22,  24  and  28  of  the 
Declaration.  Concerning  the  absolute  contraband  the  defini- 
tion accords  with  the  generally  accepted  principles  of  inter- 
national law  as  they  have  been  understood  for  a  long  time. 
Under  the  provisions  of  Article  25  articles  susceptible  of  use  in 
war  other  than  those  enumerated  may  be  added  to  the  list  of 
contraband  on  notice  to  the  neutral  powers.  Prior  to  this 
Declaration  Great  Britain,  the  United  States  and  Japan,  fol- 
lowing the  classification  of  Grotius,  made  three  classes  as 
above,29  but  the  nations  of  continental  Europe  made  only  two, 
contraband  and  free.30  The  rule  with  reference  to  conditional 
contraband  before  the  Declaration  of  London  was  that  it 
could  only  be  seized  if  destined  for  the  military  or  naval  forces 
of  the  enemy.31  Article  33  of  the  Declaration  reads — 
"Conditional  contraband  is  liable  to  capture  if  it  is  shown  to 

29  Grotius,  b.  3,  c.  i,  §  5.    Moore  Int.  L.  Dig.  §  1250.    The  Brig  Jutieau, 
38  Ct  Cl.  465- 

30  40  Cvc  357.    Moore  Int.  L.  Dig.  §  251. 

31  The  Commercen,  i  Wheat.   283. 


3o8  INTERNATIONAL  RELATIONS 

be  destined  for  the  use  of  the  armed  forces  or  of  a  govern- 
ment department  of  the  enemy  state,  unless  in  this  latter  case 
the  circumstances  show  that  the  goods  cannot  in  fact  be  used 
for  the  purposes  of  the  war  in  progress."  To  warrant  the 
seizure  of  conditional  contraband  the  burden  rests  on  the 
captor  to  show  that  it  is  destined  for  hostile  military  uses. 
Not  only  did  Great  Britain  intercept  conditional  contraband 
destined  for  German  ports  which  was  not  consigned  to  the 
authorities  and  which  could  not  be  shown  to  be  intended  for 
military  uses,  but  it  intercepted  all  supplies  of  food,  clothing, 
manufacturers'  raw  material  needed  for  the  sustenance  of  the 
civilian  population  and  the  peaceful  industries  of  all  kinds  of 
the  Central  Powers.  Cotton,  wool,  and  other  fibres,  expressly 
declared  by  the  Declaration  of  London  not  to  be  contraband 
even  when  destined  for  enemy  use,  were  intercepted  and 
seized  when  consigned  to  neutral  nations  in  such  quantities 
as  to  indicate  that  their  ultimate  destination  was  Germany. 
The  general  policy  of  cutting  off  all  commerce  to  and  from 
the  Central  Powers  by  sea  was  rigorously  pursued  without 
regard  to  the  principles  of  international  law  or  the  Declaration 
of  London.  Germany  protested  without  avail.  The  United 
States  protested  against  the  interruption  of  its  lawful  com- 
merce, as  also  did  the  neutral  nations  of  Europe,  without 
avail.  Seizures  extended  to  postal  correspondence  expressly 
declared  to  be  inviolable  by  the  Hague  Convention  relative  to 
capture  in  naval  warfare.  The  exigencies  of  war  induced  the 
British  Government  to  disregard  international  law  and  treaty 
obligations  owing  to  both  belligerents  and  neutrals.  The  ex- 
cuse for  this  attitude  was  that  Germany  was  waging  bloody  war 
on  Belgium  and  France  in  violation  of  its  solemn  obligations 
and  with  cruel  violations  of  the  laws  of  war  on  land.  The 
purpose  of  Great  Britain  was  to  strangle  Germany  and  thus 
prevent  her  warlike  activities.  The  effects  of  the  blockade 
were  keenly  and  continually  felt  throughout  Germany  and 
Austria-Hungary.  These  belligerents,  had  ample  supplies 
for  all  their  military  and  naval  forces,  but  not  for  them  and 
their  civilian  population  also.  Women,  children  and  male 
non-combatants  were  the  actual  sufferers  from  the  blockade. 


THE  HAGUE  CONFERENCES  309 

Having  failed  to  induce  the  British  to  observe  international 
law,  Germany  resorted  to  retaliation.  The  British  navy  ruled 
the  surface  of  the  sea,  but  Germany  had  submarines.  The 
British  Isles  were  dependent  on  merchant  ships  for  food  and 
other  necessary  supplies.  The  submarines  could  not  destroy 
the  navy,  but  they  could  sink  merchant  ships.  Owing  to  their 
construction  and  manner  of  operation  it  was  not  practicable 
for  them  to  make  prizes  of  surface  vessels  and  send  them  into 
their  ports  for  condemnation  in  accordance  with  the  rules  of 
international  law,  for  to  attempt  to  do  so  would  have  resulted 
in  most  cases  in  the  recapture  of  the  vessel  with  its  prize  crew 
by  the  British.  Article  50  of  the  Declaration  of  London 
accords  with  the  generally  accepted  principles  of  naval  war- 
fare and  provides : —  "Before  the  vessel  is  destroyed  all 
persons  on  board  must  be  placed  in  safety,  and  all  the  ship's 
papers  and  other  documents  which  the  parties  interested  con- 
sider relevant  for  the  purpose  of  deciding  on  the  validity  of 
the  capture  must  be  taken  on  board  the  warship."  Lack  of 
space  and  accommodations  for  the  passengers  and  crew  of  a 
large  merchant-ship  on  a  small  submarine  rendered  it  im- 
practicable for  submarines  to  provide  for  their  safety  in  the 
manner  contemplated  by  international  law.  It  was  impossible 
for  a  submarine  to  take  along  with  it  other  vessels  for  the 
accommodation  of  the  people  on  the  merchant-ships.  Its  only 
effectual  use  was  as  a  destroyer.  All  the  great  powers  had 
submarines  adapted  to  the  same  uses.  As  naval  weapons  they 
had  been  adopted  by  all  great  nations.  The  Germans  reasoned 
that  this  weapon  should  be  used  in  the  way  that  it  would 
accomplish  the  greatest  results,  that  if  they  could  destroy  the 
ships  and  supplies  on  which  England  depended  the  war  would 
be  won,  and  that  they  were  justified  by  the  necessities  of  their 
situation  in  disregarding  the  laws  of  war,  especially  as  against 
Great  Britain  which  had  itself  violated  them  openly  and 
flagrantly  in  so  many  particulars.  Acting  in  accordance  with 
this  line  of  reasoning  the  Germans  determined  to  make  full 
use  of  their  submarines,  to  destroy  enemy  ships,  cargoes,  crews, 
and  such  passengers  as  ventured  to  disregard  their  warning  of 
danger. 


310  INTERNATIONAL  RELATIONS 

On  February  4,  1915,  the  German  Admiralty  announced 
that— 

"The  water  around  Great  Britain  and  Ireland,  including  the  whole 
of  the  English  Channel,  are  declared  a  war  zone  from  and  after  February 
18,  1915. 

"Every  enemy  merchant  ship  found  in  this  war  zone  will  be  destroyed, 
even  if  it  is  impossible  to  avert  dangers  which  threaten  the  crew  and  pas- 
sengers. 

"Also,  neutral  ships  in  the  war  zone  are  in  danger,  as  in  consequence 
of  the  misuse  of  neutral  flags  ordered  by  the  British  Government  on 
January  31,  and  in  view  of  the  hazards  of  naval  warfare,  it  cannot  always 
be  avoided  that  attacks  meant  for  enemy  ships  endanger  neutral  ships. 

"Shipping  northward,  around  the  Shetland  Islands,  in  the  eastern  basin 
of  the  North  Sea,  and  in  a  strip  at  least  thirty  nautical  miles  in  breadth 
along  the  Dutch  coast  is  endangered  in  the  same  way.32 

On  May  i,  1915,  The  Gulflight,  an  American  ship,  flying  a 
large  American  flag,  bound  from  Port  Arthur,  Texas,  to 
Rouen,  France,  with  a  cargo  of  oil  and  gasoline  was  torpedoed 
by  a  submarine  off  the  Scilly  Isles.33 

On  the  same  day  the  Lusitania  of  the  Cunard  line  sailed 
from  New  York  with  2,104  persons  on  board,  187  of  whom 
were  Americans.  Next  to  the  published  notice  of  the  sailing 
of  this  vessel  appeared  the  following:  "Notice:  Travelers 
intending  to  embark  on  the  Atlantic  voyage  are  reminded  that 
a  state  of  war  exists  between  Germany  and  her  allies  and 
Great  Britain  and  her  allies;  that  the  zone  of  war  includes  the 
waters  adjacent  to  the  British  Isles;  that,  in  accordance  with 
formal  notices  given  by  the  Imperial  German  Government, 
vessels  flying  the  flag  of  Great  Britain,  or  any  of  her  allies, 
are  liable  to  destruction  in  those  waters  and  that  travelers 
sailing  in  the  war  zone  on  ships  of  Great  Britain  or  her  allies 
do  so  at  their  own  risk. 

IMPERIAL  GERMAN  EMBASSY, 
Washington,  D.  C,  April  22,  191 5. "34 

On  May  7,  1915,  the  Lusitania  was  torpedoed  and  sunk  by  a 
German  submarine  near  Kinsale  on  the  Irish  coast  with  a  loss 

32  Literary  Digest,   No.   1295,  304. 

33  Id.  No.  1308,  1135. 

34  Literary  Digest,  No.  1309,  1199. 


THE  HAGUE  CONFERENCES  3" 

of  1,052  lives,  of  whom  114  were  Americans.  Among  the 
number  were  people  of  much  prominence  and  the  feeling  of 
horror  and  indignation  at  this  most  barbarous  and  unwar- 
ranted act  was  widespread  throughout  America.  Germany 
did  not  disavow  responsibility  for  it,  but  claimed  that  the 
notification  was  all  the  passengers  were  entitled  to.  Opera- 
tions of  the  submarines  were  not  confined  to  enemy  ships,  but 
neutrals  within  the  war  zone  were  also  ruthlessly  sunk.  On 
August  19,  1915,  the  Arabic,  westbound  with  423  persons  on 
board,  including  29  Americans,  was  sunk  by  a  submarine  fifty 
miles  west  of  the  place  where  the  Lusitania  went  down.  By 
September,  1915,  it  was  reported  that  98  British  merchant 
ships  and  95  neutral  ships  had  been  sunk.  November  8,  1915, 
the  Ancona,  a  passenger  ship  west  bound,  was  sunk  by  an 
Austrian  submarine  off  the  coast  of  Sardinia.  These  gross  and 
palpable  violations  of  the  rights  of  neutrals  as  well  as  of 
belligerents  brought  out  diplomatic  correspondence  which  re- 
sulted in  an  assurance  from  the  German  Government  that  the 
practice  of  indiscriminate  sinking  without  warning  would  cease 
and  that  the  following  order  had  been  given  to  the  naval 
forces :  "In  accordance  with  the  general  principles  of  visit 
and  search  and  the  destruction  of  merchant  vessels,  recognized 
by  international  law,  such  vessels,  both  within  and  without  the 
area  declared  a  naval  war  zone,  shall  not  be  sunk  without  warn- 
ing and  without  saving  human  lives  unless  the  ship  attempt  to 
escape  or  offer  resistance." 

On  March  24,  1916,  notwithstanding  the  above  assurance 
from  the  German  Government,  the  Sussex,  a  passenger  ship 
loaded  with  non-combatants,  was  sunk  in  the  British  Channel 
by  a  submarine.  Germany  had  failed  to  gain  the  decisive 
military  advantages  hoped  for  at  the  beginning  of  the  war. 
The  pressure  of  the  British  blockade  was  causing  great  priva- 
tion among  the  poor  in  Germany  and  Austria-Hungary. 
Trench  warfare  resulted  in  a  deadlock  on  the  western  front. 
More  decisive  operations  were  demanded.  Air  raids  were 
multiplied  and  the  use  of  poisonous  gases  increased.  These 
were  clearly  and  unequivocally  prohibited  by  the  Hague  con- 


312  INTERNATIONAL  RELATIONS 

ventions,35  but  the  views  of  government  officials  concerning 
military  necessity  overrode  all  law.  The  destruction  of  allied 
and  neutral  shipping  went  on,  but  subject  to  some  observance 
of  the  law  requiring  notice  before  sinking  and  provision  for 
the  safety  of  passengers.  The  observance  of  these  restrictions 
caused  delay  and  danger  to  the  submarine,  and  the  German 
Government  resolved  on  ruthless  destruction  without  other 
than  the  general  warning.  On  January  31,  1917  a  note  was 
handed  to  the  Secretary  of  State  of  the  United  States  in  which 
it  was  said: 

"After  the  attempts  to  come  to  an  understanding  with  the  Entente  Pow- 
ers have  been  answered  by  the  latter  with  the  announcement  of  an  inten- 
sified continuation  of  the  war,  the  Imperial  Government — in  order  to  serve 
the  welfare  of  mankind  in  a  higher  sense  and  not  to  wrong  its  own 
people — is  now  compelled  to  continue  the  fight  for  existence  again  forced 
upon  it,  with  the  full  employment  of  all  the  weapons  which  are  at  its  dis- 
posal. .  .  .  The  now  openly  disclosed  intention  of  the  Entente  Allies,  gives 
back  to  Germany  the  freedom  of  action  which  she  reserved  in  her  note 
addressed  to  the  Government  of  the  United  States  on  May  4,  1916. 

"Germany  will  meet  the  illegal  measures  of  her  enemies  by  forcibly 
preventing,  after  February  i,  1917,  in  a  zone  around  Great  Britain,  France, 
Italy,  and  in  the  eastern  Mediterranean,  all  navigation,  that  of  neutrals 
included,  from  and  to  England  and  from  and  to  France,  etc.,  etc.  All 
ships  met  within  that  zone  will  be  sunk. 

"The  Imperial  Government  is  confident  that  this  measure  will  result  in 
a  speedy  termination  of  the  war  and  in  the  restoration  of  peace,  which 
the  Government  of  the  United  States  has  so  much  at  heart."36 

This  announcement  of  a  deliberate  purpose  to  utterly  dis- 
regard all  the  principles  of  international  law  relating  to  war- 
fare on  the  sea,  and  all  the  principles  of  the  Hague  conventions 
and  the  Declaration  of  London  on  the  subject,  was  followed 
by  a  declaration  of  war  by  the  United  States  on  April  6,  1917. 
From  this  time  on  the  war  was  prosecuted  with  a  savagery 
and  disregard  of  international  law  and  treaty  obligations  on 
land  and  sea,  unprecedented  on  any  large  scale  since  the  Thirty 
Years'  War.  The  destruction  wrought  by  the  submarines  was 

35  Declaration  concerning  the  Discharge  of  Projectiles   from  Balloons. 
Senate  Documents,  2d  Session  6ist  Congress,  48,  2366.    Customs  of  War  on 
Land,  Art  XXII,  Id.  2285. 

36  Literary  Digest,  No.  1399,  322. 


THE  HAGUE  CONFERENCES  313 

indeed  appalling.  The  tonnage  of  British  shipping  sunk 
progressed  year  after  year:  in  1914,  300,000,  in  1915,  1,050,- 
ooo,  in  1916,  1,550,000,  in  1917,  4,000,000."  In  1914  there 
were  in  all  the  merchant  fleets  of  all  nations  30,500  sea  going 
vessels  of  a  total  capacity  of  more  than  70,000,000  deadweight 
tons.  Of  these  an  aggregate  of  21,500,000  tons  were  lost 
or  destroyed  during  the  war,  including  very  many  belonging 
to  neutrals.38  Strictly  accurate  figures  in  detail  cannot  be 
given  concerning  these  ships  nor  of  the  lives  lost  with  them, 
but  there  were  thousands  of  them. 

Warfare  in  the  air  and  attacks  from  the  air,  theretofore  un- 
known, became  a  very  important  factor  in  the  struggle.  It 
commenced  by  Zeppelin  raids  dropping  bombs  indiscriminately 
on  English,  and  soon  after  on  French,  towns.  London  and 
Paris  with  their  vast  multitudes  of  civilians  were  the  principal 
objectives.  The  Zeppelins  caused  the  death  of  many  civilians 
and  the  destruction  of  much  property,  but  were  themselves 
destroyed.  Then  followed  the  newer  air  crafts,  invented  by 
both  sides,  and  battles  in  the  air;  bombing  operations  by  both 
parties  to  the  conflict  and  ultimate  superiority  in  the  air  of  the 
Allies.  This  weapon  had  been  finally  turned  against  the  Cen- 
tral Powers.  Not  content  with  the  efficiency  of  the  highly 
perfected  guns  and  munitions  ordinarily  used  in  wars,  the 
Germans  resorted  to  the  use  of  poisonous  gases  and  liquid 
fire,  at  first  with  great  effect.  The  allied  powers  met  their 
gas  with  other  even  more  destructive  gas.  The  submarine 
was  confronted  with  the  deadly  depth  bomb,  filled  with  an 
explosive  far  more  powerful  than  had  ever  before  been  used, 
making  its  destruction  when  discovered  submerged  certain  and 
absolute,  without  hope  of  escape  for  any  of  its  crew.  The 
red  cross  on  hospitals  and  ambulances  served  rather  to  desig- 
nate a  target  for  the  Germans  than  as  a  protection  of  the  sick, 
wounded,  nurses  and  surgeons.  Thus  at  the  last  end  of  the 
war  both  parties  violated  the  most  fundamental  rules  of  inter- 
national law  designed  to  mitigate  the  savagery  of  war  on  sea 
and  land,  each  party  claiming  justification  from  the  conduct 

37  Literary  Digest,  No.  1466,  21. 

38  National  Geographic  Magazine,  Vol.  34,   179. 


314  INTERNATIONAL  RELATIONS 

of  the  other.  All  this  happened  soon  after  most  unusual 
efforts  in  all  countries  to  prevent  war  by  offering  peaceful 
alternatives  and  to  reduce  its  evil  consequences  to  a  minimum 
when  it  did  come. 

The  lessons  to  be  drawn  from  all  the  horrible  experiences  of 
this  greatest  of  all  wars  are  plain  and  unmistakable.  War 
is  essentially  savage  in  its  nature,  and  no  rules  designed  to 
civilize  it  can  by  any  possibility  change  its  nature.  The  effort 
must  be  to  provide  ample  means  for  the  just  settlement  of  in- 
ternational controversies  without  resort  to  arms.  The  na- 
tions must  each  and  all  be  required  to  abdicate  that  attribute 
of  sovereignty  which  allows  any  nation  to  wage  war  when  and 
as  it  will.  It  cannot  wage  war  tinder  existing  world  con- 
ditions without  doing  injury  to  the  whole  family  of  nations. 
War  between  any  two  is  a  matter  of  concern  to  all  others  who 
have  dealings  with  them.  This  is  true  to  a  far  greater  degree 
than  that  peace  between  the  members  of  a  state  is  a  matter  of 
concern  to  all  its  citizens.  The  state  may  have  many  million 
citizens  and  a  combat  between  two  of  them  be  known  to  but 
a  very  few,  but  there  are  only  about  fifty  nations,  great  and 
small,  and  war  between  any  two  of  them  is  sure  to  affect  some 
or  all  the  others.  The  day  of  remoteness  and  isolation  is 
past.  Each  great  nation  is  in  close  and  daily  contact  with 
every  other  great  nation,  and  is  vitally  interested  in  the  pre- 
servation of  its  peace  and  the  promotion  of  its  welfare.  The 
moral  forces  of  the  world  have  determined  this  great  war, 
and  have  overthrown  the  greatest  military  organization  that 
was  ever  built  up.  Ruthless  warfare  has  resulted  in  the  over- 
throw of  those  who  resorted  to  it.  The  awful  destruction  of 
life,  the  ..fearful  sufferings  from  wounds,  exposure,  famine, 
and  the  ruthlessness  of  war  have  made  clear  as  never  before 
the  imperative  need  of  a  sane  combination  of  all  the  nations 
for  the  preservation  of  the  peace  of  each  and  all. 

The  Hague  conventions  above  referred  to  and  the  Declara- 
tion of  London  are  given  below  in  full.  They  are  still  worthy 
of  careful  study.  Many  of  their  provisions  have  been  gen- 
erally observed,  but  the  good  resulting  from  them  appears  of 
very  minor  importance  in  comparison  with  the  horrors  which 


THE  HAGUE  CONFERENCES  3*5 

have  resulted  from  their  violation.  All  these  combined  are 
small  when  measured  by  the  misery  and  destruction  caused 
by  what  are  termed  the  legitimate  activities  of  the  war.  It  is 
war  itself  that  deserves  the  highest  condemnation. 

CONVENTION  RELATIVE  TO  THE  STATUS  OF  ENEMY  MERCHANT  SHIPS 
AT  THE  OUTBREAK  OF  HOSTILITIES 

Article  i.  When  a  merchant  ship  belonging  to  one  of  the  belligerent 
Powers  is  at  the  commencement  of  hostilities  in  an  enemy  port,  it  is 
desirable  that  it  should  be  allowed  to  depart  freely,  either  immediately 
or  after  a  reasonable  number  of  days  of  grace,  and  to  proceed,  after  being 
furnished  with  a  pass,  direct  to  its  port  of  destination  or  any  other  port 
indicated* 

The  same  rule  should  apply  in  the  case  of  a  ship  which  has  left  its  port 
of  departure  before  the  commencement  of  the  war  and  entered  a  port 
belonging  to  the  enemy  while  still  ignorant  that  hostilities  had  broken  out. 

Art.  2.  A  merchant  ship  unable,  owing  to  circumstances  of  force 
majeure,  to  leave  the  enemy  port,  or  which  was  not  allowed  to  leave, 
cannot  be  confiscated. 

The  belligerent  may  only  detain  it,  without  payment  of  compensation, 
but  subject  to  the  obligation  of  restoring  it  after  the  war,  or  requisition 
It  on  payment  of  compensation. 

Art.  3.  Enemy  merchant  ships  which  left  their  last  port  of  departure 
before  the  commencement  of  the  war,  and  are  encountered  on  the  high 
seas  while  still  ignorant  of  the  outbreak  of  hostilities  cannot  be  confiscated. 
They  are  only  liable  to  detention  on  the  understanding  that  they  shall  be 
restored  after  the  war  without  compensation,  or  to  be  requisitioned,  or 
even  destroyed,  on  payment  of  compensation,  but  in  such  case  provision 
must  be  made  for  the  safety  of  the  persons  on  board  as  well  as  the  se- 
curity of  the  ship's  papers. 

After  touching  at  a  port  in  their  own  country  or  a  neutral  port,  these 
ships  are  subject  to  the  laws  and  customs  of  maritime  war. 

Art.  4.  Enemy  cargo  on  board  the  vessels  referred  to  in  Articles  I  and 
2  is  likewise  liable  to  be  detained  and  restored  after  the  termination  of 
the  war  without  payment  of  compensation,  or  to  be  requisitioned  on  pay- 
ment of  compensation,  with  or  without  the  ship. 

The  same  rule  applies  in  the  case  of  cargo  on  board  the  vessels  referred 
to  in  Article  3. 

Art.  5.  The  present  convention  does  not  affect  merchant  ships  whose 
build  shows  that  they  are  intended  for  conversion  into  war  ships. 

Art.  6.  The  provisions  of  the  present  convention  do  not  apply  except 
between  contracting  Powers,  and  then  only  if  all  the  belligerents  are  par- 
ties to  the  convention.39 

(Articles  7  to  n  inclusive  contain  the  usual  final  provisions.) 

39  Bridgman,  First  Book  of  World  Law,  115. 


316  INTERNATIONAL  RELATIONS 

CONVENTION  RELATIVE  TO  THE  CONVERSION  OF  MERCHANT  SHIPS 
INTO  WARSHIPS 

Article  I.  A  merchant  ship  converted  into  a  warship  cannot  have  the 
rights  and  duties  accruing  to  such  vessels  unless  it  is  placed  under  the 
direct  authority,  immediate  control,  and  responsibility  of  the  Power  whose 
flag  it  flies. 

Art.  2.  Merchant  ships  converted  into  warships  must  bear  the  external 
marks  which  distinguish  the  warships  of  their  nationality. 

Art.  3.  The  commander  must  be  in  the  service  of  the  state  and  duly 
commissioned  by  the  competent  authorities.  His  name  must  figure  on  the 
list  of  the  officers  of  the  fighting  fleet. 

Art.  4.     The  crew  must  be  subject  to  military  discipline. 

Art.  5.  Every  merchant  ship  converted  into  a  warship  musi  observe 
in  its  operations  the  laws  and  customs  of  war. 

Art.  6.  A  belligerent  who  converts  a  merchant  ship  into  a  warship 
must,  as  soon  as  possible,  announce  such  conversion  in  the  list  of  war- 
ships. 

Art.  7.  The  provisions  of  the  present  convention  do  not  apply  except 
between  contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  convention.40 

(Articles  8  to  12  inclusive  contain  the  usual  final  provisions.) 

THE  LAYING  OF  AUTOMATIC  SUBMARINE  CONTACT  MINES 

New  inventions  of  destructive  devices  designed  for  use  in 
war,  which  may  injure  neutrals  as  well  as  belligerents  call  for 
international  law  regulating  their  use.  Automatic  submarine 
contact  mines  concealed  from  view  and  charged  with  explosives 
capable  of  destroying  any  ship  striking  one  of  them,  can  only 
be  avoided  by  definite  knowledge  of  their  location.  If  allowed 
to  float  with  tides  and  currents  of  the  sea  they  become  a  men- 
ace to  all  shipping.  They  are  designed  for  either  offensive 
or  defensive  use,  to  aid  in  blockading  a  port  of  the  enemy  or 
as  a  protection  to  the  ports  of  the  power  laying  them.  Their 
use  is  of  such  recent  origin  that  no  rules  of  international  law 
relating  to  their  use  had  been  developed  before  the  second 
Hague  Conference.  To  mitigate  the  many  great  dangers  re- 
sulting from  their  use  the  following  convention  was  signed  and 
may  fairly  be  said  to  afford  all  the  international  law  there  is  on 
the  subject. 

40Bridgman,  First  Book  of  World  Law,  117. 


THE  HAGUE  CONFERENCES  317 

CONVENTION  RELATIVE  TO  THE  LAYING  OF  AUTOMATIC  SUBMARINE 
CONTACT  MINES 

Article  I.    It  is  forbidden: 

1.  To  lay  unanchored  contact  mines,   except  when  they   are   so  con- 
structed as  to  become  harmless  one  hour  at  most  after  the  person  who 
laid  them  ceases  to  control  them ; 

2.  To  lay  anchored  automatic  contact  mines  which  do  not  become  harm- 
less as  soon  as  they  have  broken  loose  from  their  moorings ; 

3.  To  use  torpedoes  which  do  not  become  harmless  when  they  have 
missed  their  mark. 

Art.  2.  It  is  forbidden  to  lay  automatic  contact  mines  off  the  coast 
and  ports  of  the  enemy,  with  the  sole  object  of  intercepting  commercial 
shipping. 

Art.  3.  When  anchored  contact  mines  are  employed,  every  possible 
precaution  must  be  taken  for  the  security  of  peaceful  shipping. 

The  belligerents  undertake  to  do  their  utmost  to  render  these  mines 
harmless  within  a  limited  time,  and,  should  they  cease  to  be  under  surveil- 
lance, to  notify  the  danger  zones  as  soon  as  military  exigencies  permit,  by 
a  notice  addressed  to  ship  owners,  which  must  also  be  communicated  to 
the  Governments  through  the  diplomatic  channel. 

Art.  4.  Neutral  Powers  which  lay  automatic  contact  mines  off  their 
coasts  must  observe  the  same  rules  and  take  the  same  precautions  as  are 
imposed  on  belligerents. 

The  neutral  Powers  must  inform  ship  owners,  by  a  notice  issued  in  ad- 
vance, where  automatic  contact  mines  have  been  laid.  This  notice  must  be 
communicated  at  once  to  the  Governments  through  the  diplomatic  channel. 

Art.  5.  At  the  close  of  the  war,  the  Contracting  Powers  undertake  to 
do  their  utmost  to  remove  the  mines  which  they  have  laid,  each  Power 
removing  its  own  mines. 

As  regards  anchored  automatic  contact  mines  laid  by  one  of  the  belli- 
gerents off  the  coast  of  the  other,  their  position  must  be  notified  to  the 
other  party  by  the  Power  which  laid  them,  and  each  Power  must  proceed 
with  the  least  possible  delay  to  remove  the  mines  in  its  own  waters. 

Art.  6.  The  Contracting  Powers  which  do  not  at  present  own  perfected 
mines  of  the  pattern  contemplated  in  the  present  Convention,  and  which, 
consequently,  could  not  at  present  carry  out  the  rules  laid  down  in 
Articles  i  and  2,  undertake  to  convert  the  materiel  of  their  mines  as  soon 
as  possible,  so  as  to  bring  it  into  conformity  with  the  foregoing  require- 
ments. 

Art.  7.  The  provisions  of  the  present  Convention  do  not  apply  except 
between  Contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

(Usual  final  provisions.  Convention  to  remain  in  force  seven  years,  and 
reopened  within  six  months  thereafter.)41 

41  Senate  Documents,  2d  Session  6ist  Congress,  48,  2304. 


3i8  INTERNATIONAL  RELATIONS 

CONVENTON  RESPECTING  BOMBARDMENT  BY  NAVAL  FORCES 
IN  TIME  OF  WAR 

Chapter   I — The   Bombardment   of   Undefended   Ports,   Towns,   Villages, 
Dwellings,  or  Buildings 

Article  I.  The  bombardment  by  naval  forces  of  undefended  ports, 
towns,  villages,  dwellings,  or  buildings  is  forbidden. 

A  place  cannot  be  bombarded  solely  because  automatic  submarine  mines 
are  anchored  off  the  harbour. 

Art.  2.  Military  works,  military  or  naval  establishments,  depots  of 
arms  of  war  materiel,  workshops  or  plants  which  could  be  utilized  for  the 
needs  of  the  hostile  fleet  or  army,  and  the  ships  of  war  in  the  harbour,  are 
not,  however,  included  in  this  prohibition.  The  commander  of  a  naval 
force  may  destroy  them  with  artillery,  after  a  summons  followed  by  a  rea- 
sonable time  of  waiting,  if  all  other  means  are  impossible,  and  when  the 
local  authorities  have  not  themselves  destroyed  them  within  the  time  fixed. 

He  incurs  no  responsibility  for  any  unavoidable  damage  which  may  be 
caused  by  a  bombardment  under  such  circumstances. 

If  for  military  reasons  immediate  action  is  necessary,  and  no  delay  can 
be  allowed  the  enemy,  it  is  understood  that  the  prohibition  to  bombard  the 
undefended  town  holds  good,  as  in  the  case  given  in  paragraph  i,  and 
that  the  commander  shall  take  all  due  measures  in  order  that  the  town 
may  suffer  as  little  harm  as  possible. 

Art.  3.  After  due  notice  has  been  given,  the  bombardment  of  undefended 
ports,  towns,  villages,  dwellings,  or  buildings  may  be  commenced,  if  the 
local  authoirties,  after  a  formal  summons  has  been  made  to  them,  decline 
to  comply  with  requisitions  for  provisions  or  supplies  necessary  for  the 
immediate  use  of  the  naval  force  before  the  place  in  question. 

These  requisitions  shall  be  in  proportion  to  the  resources  of  the  place. 
They  shall  only  be  demanded  in  the  name  of  the  commander  of  the  said 
naval  force,  and  they  shall,  as  far  as  possible,  be  paid  for  in  cash;  if  not, 
they  shall  be  evidenced  by  receipts. 

Art.  4.  Undefended  ports,  towns,  villages,  dwellings,  or  buildings  may 
not  be  bombarded  on  account  of  failure  to  pay  money  contributions. 

Chapter  II — 'General  Provisions 

Art.  5.  In  bombardments  by  naval  forces  all  the  necessary  measures 
must  be  taken  by  the  commander  to  spare  as  far  as  possible  sacred  edi- 
fices, buildings  used  for  artistic,  scientific,  or  charitable  purposes,  historic 
monuments,  hospitals,  and  places  where  the  sick  or  wounded  are  collected, 
on  the  understanding  that  they  are  not  used  at  the  time  for  military 
purposes. 

It  is  the  duty  of  the  inhabitants  to  indicate  such  monuments,  edifices, 
or  places  by  visible  signs,  which  shall  consist  of  large  stiff  rectangular 
panels  divided  diagonally  into  two  coloured  triangular  portions,  the  upper 
portion  black,  the  lower  portion  white. 


THE  HAGUE  CONFERENCES  319 

Art.  6.  If  the  military  situation  permits,  the  commander  of  the  attack- 
ing force,  before  commencing  the  bombardment,  must  do  his  utmost  to 
warn  the  authorities. 

Art.  7.    A  town  or  place,  even  when  taken  by  storm,  may  not  be  pillaged. 

Chapter  III — Final  Provisions 

(Articles  8  to  13  contain  the  usual  final  provisions  of  the  Hague  Con- 
ventions.)42 

CONVENTION  FOR  THE  ADAPTATION  TO  NAVAL  WAR  OF  THE  PRINCIPLES 
OF  THE  GENEVA  CONVENTION 

Article  I.  Military  hospital-ships,  that  is  to  say,  ships  constructed  or 
assigned  by  States  specially  and  solely  with  a  view  to  assisting  the  wound- 
ed, sick,  and  shipwrecked,  the  names  of  which  have  been  communicated  to 
the  belligerent  Powers  at  the  commencement  or  during  the  course  of  hos- 
tilities, and  in  any  case  before  they  are  employed,  shall  be  respected,  and 
cannot  be  captured  while  hostilities  last. 

These  ships,  moreover,  are  not  on  the  same  footing  as  warships  as 
regards  their  stay  in  a  neutral  port. 

Art.  2.  Hospital-ships,  equipped  wholly  or  in  part  at  the  expense  of  pri- 
vate individuals  or  officially  recognized  relief  societies,  shall  be  likewise 
respected  and  exempt  from  capture,  if  the  belligerent  Power  to  whom  they 
belong  has  given  them  an  official  commission  and  has  notified  their  names 
to  the  hostile  Power  at  the  commencement  of  or  during  the  hostilities,  and 
in  any  case  before  they  are  employed. 

These  ships  must  be  provided  with  a  certificate  from  the  cempetent 
authorities  declaring  that  the  vessels  have  been  under  their  control  while 
fitting  out  and  on  final  departure. 

Art.  3.  Hospital-ships,  equipped  wholly  or  in  part  at  the  expense  of 
private  individuals  or  officially  recognized  societies  of  neutral  countries, 
shall  be  respected  and  exempt  from  capture,  on  condition  that  they  are 
placed  under  the  control  of  one  of  the  belligerents,  with  the  previous  con- 
sent of  their  own  Government  and  with  the  authorization  of  the  belliger- 
ent himself,  and  that  the  latter  has  notified  their  name  to  his  adversary 
at  the  commencement  of  or  during  hostilities,  and  in  any  case,  before  they 
are  employed. 

Art.  4.  The  ships  mentioned  in  Articles  i,  2  and  3,  shall  afford  relief 
and  assistance  to  the  wounded,  sick,  and  shipwrecked  of  the  belligerents 
without  distinction  of  nationality. 

The  Governments  undertake  not  to  use  these  ships  for  any  military 
purpose. 

These  vessels  must  in  no  wise  hamper  the  movements  of  the  combatants. 

During  and  after  the  engagement  they  will  act  at  their  own  risk  and  peril. 

42  Senate  Documents,  3d  Session  6ist  Congress,  48,  2321. 


320  INTERNATIONAL  RELATIONS 

The  belligerents  shall  have  the  right  to  control  and  search  them ;  they 
can  refuse  to  help  them,  order  them  off,  make  them  take  a  certain  course, 
and  put  a  Commissioner  on  board;  they  can  even  detain  them,  if  impor- 
tant circumstances  require  it. 

As  far  as  possible,  the  belligerents  shall  enter  in  the  log  of  the  hospital- 
ships  the  orders  which  they  give  them. 

Art.  5.  Military  hospital-ships  shall  be  designated  by  being  painted 
white  outside  with  a  horizontal  band  of  green  about  a  metre  and  a  half 
in  breadth. 

The  ships  mentioned  in  Articles  2  and  3  shall  be  designated  by  being 
painted  white  outside  with  a  horizontal  band  of  red  about  a  metre  and  a 
half  in  breadth. 

The  boats  of  the  ships  above  mentioned,  as  also  small  craft  which  may 
be  used  for  hospital  work,  shall  be  distinguished  by  similar  painting. 

All  hospital-ships  shall  make  themselves  known  by  hoisting,  with  their 
national  flag,  the  white  flag  with  a  red  cross  provided  by  the  Geneva  Con- 
vention, and  further,  if  they  belong  to  a  neutral  State,  by  flying  at  the 
mainmast  the  national  flag  of  the  belligerent  under  whose  control  they  are 
placed. 

Hospital-ships  which,  in  the  terms  of  Article  4,  are  detained  by  the 
enemy,  must  haul  down  the  national  flag  of  the  belligerent  to  whom  they 
belong. 

The  ships  and  boats  above  mentioned  which  wish  to  ensure  by  night 
the  freedom  from  interference  to  which  they  are  entitled,  must,  subject 
to  the  assent  of  the  belligerent  they  are  accompanying,  take  the  neces- 
sary measures  to  render  their  special  painting  sufficiently  plain. 

Art.  6.  The  distinguishing  signs  referred  to  in  Article  5  can  only  be 
used,  whether  in  time  of  peace  or  war,  for  protecting  or  indicating  the 
ships  therein  mentioned. 

Art.  7.  In  the  case  of  a  fight  on  board  a  warship,  the  sick-wards  shall  be 
respected  and  spared  as  far  as  possible. 

The  said  sick-wards  and  the  materiel  belonging  to  them  remain  subject 
to  the  laws  of  war;  they  cannot,  however,  be  used  for  any  purpose  other 
than  that  for  which  they  were  originally  intended,  so  long  as  they  are 
required  for  the  sick  and  wounded. 

The  commander,  however,  into  whose  power  they  have  fallen  may  apply 
them  to  other  purposes,  if  the  military  situation  requires  it,  after  seeing 
that  the  sick  and  wounded  on  board  are  properly  provided  for. 

Art.  8.  Hospital-ships  and  sick-wards  of  vessels  are  no  longer  entitled 
to  protection  if  they  are  employed  for  the  purpose  of  injuring  the  enemy. 

The  fact  of  the  staff  of  the  said  ships  and  sick-wards  being  armed  for 
maintaining  order  and  for  defending  the  sick  and  wounded,  and  the  pres- 
ence of  wireless  telegraphy  apparatus  on  board,  is  not  a  sufficient  reason 
for  withdrawing  protection. 

Art.  9.     Belligerents  may  appeal  to  the  charity  of  the  commanders  of 


THE  HAGUE  CONFERENCES  321 

neutral  merchant-ships,  yachts,  or  boats  to  take  on  board  and  tend  the 
sick  and  wounded. 

Vessels  responding  to  this  appeal,  and  also  vessels  which  have  of  their 
own  accord  rescued  sick,  wounded,  or  shipwrecked  men,  shall  enjoy  spe- 
cial protection  and  certain  immunities.  In  no  case  can  they  be  captured 
for  having  such  persons  on  board,  but,  apart  from  special  undertakings 
that  have  been  made  to  them,  they  remain  liable  to  capture  for  any  vio- 
lations of  neutrality  they  may  have  committed. 

Art.  10.  The  religious,  medical,  and  hospital  staff  of  any  captured 
ship  is  inviolable,  and  its  members  cannot  be  made  prisoners  of  war.  On 
leaving  the  ship  they  take  away  with  them  the  objects  and  surgical  instru- 
ments which  are  their  own  private  property. 

This  staff  shall  continue  to  discharge  its  duties  while  necessary,  and 
can  afterwards  leave,  when  the  Commander-in-chief  considers  it  possible. 

The  belligerents  must  guarantee  to  said  staff,  when  it  has  fallen  into 
their  hands,  the  same  allowances  and  pay  which  are  given  to  the  staff 
of  corresponding  rank  in  their  own  army. 

Art.  ii.  Sailors  and  soldiers  on  board,  when  sick  or  wounded,  as  well 
as  other  persons  officially  attached  to  fleets  or  armies,  whatever  their 
nationality,  shall  be  respected  and  tended  by  the  /captors. 

Art.  12.  Any  warship  belonging  to  a  belligerent  may  demand  that  sick, 
wounded  or  shipwrecked  men  on  board  military  hospital-ships,  hospital- 
ships  belonging  to  relief  societies  or  to  private  individuals,  merchant-ships, 
yachts,  or  boats,  whatever  the  nationality  of  these  vessels,  should  be 
handed  over. 

Art.  13.  If  sick,  wounded,  or  shipwrecked  persons  are  taken  on  board 
a  neutral  warship,  every  possible  precaution  must  be  taken  that  they 
do  not  again  take  part  in  the  operations  of  the  war. 

Art.  14.  The  shipwrecked,  wounded,  or  sick  of  one  of  the  belligerents 
who  fall  into  the  power  of  the  other  belligerent  are  prisoners  of  war. 
The  captor  must  decide,  according  to  circumstances,  whether  to  keep 
them,  send  them  to  a  port  of  his  own  country,  to  a  neutral  port,  or  even 
to  an  enemy  port.  In  this  last  case,  prisoners  thus  repatriated  cannot 
serve  again  while  the  war  lasts. 

Art.  15.  The  shipwrecked,  sick,  or  wounded,  who  are  landed  at  a  neutral 
port  with  the  consent  of  the  local  authorities,  must,  unless  an  arrange- 
ment is  made  to  the  contrary  between  the  neutral  State  and  the  belliger- 
ent States,  be  guarded  by  the  neutral  State  so  as  to  prevent  them  again 
taking  part  in  the  operations  of  the  war. 

The  expenses  of  tending  them  in  hospital  and  interning  them  shall  be 
borne  by  the  State  to  which  the  shipwrecked,  sick,  or  wounded  persons 
belong. 

Art.  16.  After  every  engagement,  the  two  belligerents,  so  far  as  mili- 
tary interests  permit,  shall  take  steps  to  look  for  the  shipwrecked,  sick, 
and  wounded,  and  to  protect  them,  as  well  as  the  dead,  against  pillage  and 
ill  treatment. 


322  INTERNATIONAL  RELATIONS 

They  shall  see  that  the  burial,  whether  by  land  or  sea,  or  cremation  of 
the  dead  shall  be  preceded  by  a  careful  examination  of  the  corpse. 

Art.  17.  Every  belligerent  shall  send,  as  early  as  possible,  to  the  authori- 
ties of  their  country,  navy,  or  army  the  military  marks  or  documents  of 
identity  found  on  the  dead  and  the  description  of  the  sick  and  wounded 
picked  up  by  him. 

The  belligerents  shall  keep  each  other  informed  as  to  the  internments 
and  transfers  as  well  as  to  the  admissions  into  hospital  and  deaths  which 
have  occurred  among  the  sick  and  wounded  in  their  hands.  They  shall 
collect  all  the  objects  of  personal  use,  valuables,  letters,  etc.,  which  are 
found  in  the  captured  ships,  or  which  have  been  left  by  the  sick  or  wounded 
who  died  in  hospital,  in  order  to  have  them  forwarded  to  the  persons 
concerned  by  the  authorities  of  their  own  country. 

Art.  18.  The  provisions  of  the  present  Convention  do  not  apply  except 
as  between  Contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

Art.  19.  The  Commanders-in-chief  of  the  belligerent  fleets  must  see 
that  the  above  Articles  are  properly  carried  out;  they  will  also  have 
to  see  to  cases  not  covered  thereby,  in  accordance  to  the  instructions  of 
their  respective  Governments  and  in  conformity  with  the  general  princi- 
ples of  the  present  Convention. 

Art.  20.  The  Signatory  Powers  shall  take  the  necessary  measures  for 
bringing  the  provisions  of  the  present  Convention  to  the  knowledge  of 
their  naval  forces,  and  especially  to  the  members  entitled  thereunder  to 
immunity,  and  for  making  them  known  to  the  public. 

Art.  21.  The  Signatory  Powers  likewise  undertake  to  enact  or  to 
propose  to  their  Legislatures,  if  their  criminal  laws  are  inadequate,  the 
measures  necessary  for  checking  in  time  of  war  individual  acts  of  pil- 
lage and  ill-treatment  in  respect  to  the  sick  and  wounded  in  the  fleet, 
as  well  as  for  punishing,  as  an  unjustifiable  adoption  of  naval  or  mili- 
tary marks,  the  unauthorized  use  of  the  distinctive  marks  mentioned  in 
Article  5  by  vessels  not  protected  by  the  present  Convention. 

They  will  communicate  to  each  other,  through  the  Netherland  Govern- 
ment, the  enactments  for  preventing  such  acts  at  the  latest  within  five 
years  of  the  ratification  of  the  present  Convention. 

Art.  22.  In  the  case  of  operations  of  war  betwen  land  and  sea  forces 
of  belligerents,  the  provisions  of  the  present  Convention  do  not  apply 
except  between  the  forces  actually  on  board  ship.43 

(Articles  23  to  28  contain  the  usual  final  provisions.) 

CONVENTION  RELATIVE  TO  RIGHT  OF  CAPTURE  IN  NAVAL  WAR 

Chapter  I — Postal  Correspondence 

Article  I.  The  postal  correspondence  of  neutrals  or  belligerents,  what- 
ever its  official  or  private  character  may  be,  found  on  the  high  seas  on 

43  Senate  Documents,  2d  Session  6ist  Congress,  48,  2333. 


THE  HAGUE  CONFERENCES  323 

board  a  neutral  or  enemy  ship,  is  inviolable.  If  the  ship  is  detained,  the 
correspondence  is  forwarded  by  the  captor  with  the  least  possible  delay. 

The  provisions  of  the  preceding  paragraph  do  not  apply,  in  case  of 
violation  of  blockade,  to  correspondence  destined  for  or  proceeding  from 
a  blockaded  port. 

Art.  2.  The  inviolability  of  postal  correspondence  does  not  exempt  a 
neutral  mail-ship  from  the  laws  and  customs  of  maritime  war  as  to  neutral 
merchant-ships  in  general.  The  ship,  however,  may  not  be  searched  except 
when  absolutely  necessary,  and  then  only  with  as  much  consideration  and 
expedition  as  possible. 

Chapter   II — The  Exemption  from  Capture   of   Certain  Vessels 

Art.  3.  Vessels  used  exclusively  for  fishing  along  the  coast  or  small 
boats  employed  in  local  trade  are  exempt  from  capture,  as  well  as  their 
appliances,  rigging,  tackle,  and  cargo. 

They  cease  to  be  exempt  as  soon  as  they  take  any  part  whatever  in  hos- 
tilities. 

The  Contracting  Powers  agree  not  to  take  advantage  of  the  harmless 
character  of  the  said  vessels  in  order  to  use  them  for  military  purposes 
while  preserving  their  peaceful  appearance. 

Art.  4.  Vessels  charged  with  religious,  scientific,  or  philanthropic  mis- 
sions are  likewise  exempt  from  capture. 

Chapter  III — Regulations  regarding  the  Crews  of  Enemy  Merchant-ships 
Captured  by  a  Belligerent 

Art.  5.  When  an  enemy  merchant-ship  is  captured  by  a  belligerent,  such 
of  its  crew  as  are  nationals  of  a  neutral  State  are  not  made  prisoners  of 
war. 

The  same  rule  applies  in  case  of  the  captain  and  officers  likewise  nation- 
als of  a  neutral  State,  if  they  promise  formally  in  writing  not  to  serve  on 
an  enemy  ship  while  the  war  lasts. 

Art.  6.  The  captain,  officers,  and  members  of  the  crew,  when  nationals 
of  the  enemy  State  are  not  made  prisoners  of  war,  on  condition  that  they 
make  a  formal  promise  in  writing,  not  to  undertake,  while  hostilities  last, 
any  service  connected  with  the  operations  of  the  war. 

Art.  7.  The  names  of  the  persons  retaining  their  liberty  under  the  con- 
ditions laid  down  in  Article  5,  paragraph  2,  and  in  Article  6,  are  notified 
by  the  belligerent  captor  to  the  other  belligerent.  The  latter  is  forbidden 
knowingly  to  employ  the  said  persons. 

Art.  8.  The  provisions  of  the  three  preceding  articles  do  not  apply  to 
ships  taking  part  in  the  hostilities. 

(Chapter  IV  contains  the  usual  Final  Provisions.)*4 

44  Senate  Documents,  2d  Session  6ist  Congress,  48,  2347. 


324  INTERNATIONAL  RELATIONS 

CONVENTION  CONCERNING  THE  RIGHTS  AND  DUTIES  OF  NEUTRAL 
POWERS  IN  NAVAL  WAR 

Article  i.  Belligerents  are  bound  to  respect  the  sovereign  rights  of 
neutral  Powers  and  to  abstain,  in  neutral  territory  or  in  neutral  waters, 
from  any  act  which  would,  if  knowingly  permitted  by  any  Power,  con- 
stitute a  violation  of  neutrality. 

Art.  2.  Any  act  of  hostility,  including  capture  and  the  exercise  of  the 
right  of  search,  committed  by  belligerent  warships  in  the  territorial  waters 
of  a  neutral  Power,  constitute  a  violation  of  neutrality  and  is  strictly  for- 
bidden. 

Art.  3.  When  a  ship  has  been  captured  in  the  territorial  waters 
of  a  neutral  Power,  this  Power  must  employ,  if  the  prize  is  still  within 
its  jurisdiction,  the  means  at  its  disposal  to  release  the  prize  with  its 
officers  and  crew,  and  to  intern  the  prize  crew. 

If  the  prize  is  not  in  the  jurisdiction  of  the  neutral  Power,  the  captor 
Government,  on  the  demand  of  that  Power,  must  liberate  the  prize  with  its 
officers  and  crew. 

Art.  4.  A  Prize  Court  cannot  be  set  up  by  a  belligerent  on  neutral  terri- 
tory or  on  a  vessel  in  neutral  waters. 

Art.  5.  Belligerents  are  forbidden  to  use  neutral  ports  and  waters  as  a 
base  of  naval  operations  against  their  adversaries,  and  in  particular  to  erect 
wireless  telegraphy  stations  or  any  apparatus  for  the  purpose  of  communi- 
cating with  the  belligerent  forces  on  land  or  sea. 

Art.  6.  The  supply,  in  any  manner,  directly  or  indirectly,  by  a  neutral 
Power  to  a  belligerent  Power,  of  warships,  ammunition,  or  war  material 
of  any  kind  whatever,  is  forbidden. 

Art.  7.  A  neutral  Power  is  not  bound  to  prevent  the  export  or  transit, 
for  the  use  of  either  belligerent,  of  arms,  ammunitions,  or,  in  general,  of 
anything  which  could  be  of  use  to  an  army  or  fleet. 

Art.  8.  A  neutral  Government  is  bound  to  employ  the  means  at  its  dis- 
posal to  prevent  the  fitting  out  or  arming  of  any  vessel  within  its  juris- 
diction which  it  has  reason  to  believe  is  intended  to  cruise,  or  engage  in 
hostile  operations,  against  a  Power  with  which  that  Government  is  at  peace. 
It  is  also  bound  to  display  the  same  vigilance  to  prevent  the  departure 
from  its  jurisdiction  of  any  vessel  intended  to  cruise,  or  engage  in  hostile 
operations,  which  have  been  adapted  entirely  or  partly  within  said  juris- 
diction for  use  in  war. 

Art.  9.  A  neutral  Power  must  apply  impartially  to  the  two  belligerents 
the  conditions,  restrictions,  or  prohibitions  made  by  it  in  regard  to  the 
admission  into  its  ports,  roadsteads,  or  territorial  waters,  of  belligerent 
warships  or  of  their  prizes. 

Nevertheless,  a  neutral  Power  may  forbid  a  belligerent  vessel  which  has 
failed  to  conform  to  the  orders  and  regulations  made  by  it,  or  which  has 
violated  neutrality,  to  enter  its  ports  or  roadsteads. 

Art.  io.    The  neutrality  of  a  Power  is  not  affected  by  the  mere  passage 


THE  HAGUE  CONFERENCES  325 

through  its  territorial  waters  of  warships  or  prizes  belonging  to  belliger- 
ents. 

Art.  ii.  A  neutral  Power  may  allow  belligerent  warships  to  employ  its 
licensed  pilots. 

Art.  12.  In  the  absence  of  special  provisions  to  the  contrary  in  the 
legislation  of  a  neutral  Power,  belligerent  warships  are  not  permitted  to 
remain  in  the  ports,  roadsteads,  or  territorial  waters  of  the  said  Power 
for  more  than  twenty- four  hours,  except  in  cases  covered  by  the  present 
Convention. 

Art.  13.  If  a  Power  which  has  been  informed  of  the  outbreak  of 
hostilities  learns  that  a  belligerent  warship  is  in  one  of  its  ports  or 
roadsteads,  or  in  its  territorial  waters,  it  must  notify  the  said  ship 
to  depart  within  twenty-four  hours  or  within  the  time  prescribed  by  local 
regulations. 

Art.  14.  A  belligerent  warship  may  not  prolong,  its  stay  in  a  neutral 
port  beyond  the  permissible  time  except  on  account  of  damage  or  stress 
of  weather.  It  must  depart  as  soon  as  the  cause  of  delay  is  at  an  end. 

The  regulations  as  to  the  question  of  the  length  of  time  which  these 
vessels  may  remain  in  neutral  ports,  roadsteads,  or  waters,  do  not  apply 
to  warships  devoted  exclusively  to  religious,  scientific,  or  philanthropic 
purposes. 

Art.  15.  In  the  absence  of  a  special  provision  to  the  contrary  in  the  leg- 
islation of  the  neutral  Power,  the  maximum  number  of  warships  belong- 
ing to  a  belligerent  which  may  be  in  one  of  the  ports  or  roadsteads  of  that 
Power  simultaneously  shall  be  three. 

Art.  16.  When  warships  belonging  to  both  belligerents  are  present 
simultaneously  in  a  neutral  port  or  roadstead,  a  period  of  not  less  than 
twenty-four  hours  must  elapse  between  the  departure  of  the  ship  belonging 
to  one  belligerent  and  the  departure  of  the  ship  belonging  to  the  other. 

The  order  of  departure  is  determined  by  the  order  of  arrival,  unless  the 
ship  which  arrived  first  is  so  circumstanced  that  an  extension  of  its  stay 
is  permissible. 

A  belligerent  warship  may  not  leave  a  neutral  port  or  roadstead  until 
twenty-four  hours  after  the  departure  of  a  merchant-ship  flying  the  flag 
of  its  adversary. 

Art.  17.  In  neutral  ports  and  roadsteads  belligerent  warships  may  carry 
out  such  repairs  as  are  absolutely  necessary  to  render  them  seaworthy, 
and  may  not  add  in  any  manner  whatsoever  to  their  fighting  force.  The 
local  authorities  of  the  neutral  Power  shall  decide  what  repairs  are  neces- 
sary, and  these  must  be  carried  out  with  the  least  possible  delay. 

Art.  18.  Belligerent  warships  may  not  make  use  of  neutral  ports,  road- 
steads, or  territorial  waters  for  replenishing  or  increasing  their  supplies 
of  war  material  or  their  armament,  or  for  completing  their  crews. 

Art.  19.  Belligerent  warships  may  only  revictual  in  neutral  ports  or 
roadsteads  to  bring  up  their  supplies  to  the  peace  standard. 


326  INTERNATIONAL  RELATIONS 

Similarly  these  vessels  may  only  ship  sufficient  fuel  to  enable  them  to 
reach  the  nearest  port  in  their  own  country.  They  may,  on  the  other  hand, 
fill  up  their  bunkers  built  to  carry  fuel,  when  in  neutral  countries  which 
have  adopted  this  method  of  determining  the  amount  of  fuel  to  be  supplied. 

If,  in  accordance  with  the  law  of  the  neutral  Power,  the  ships  are  not 
supplied  with  coal  within  twenty-four  hours  of  their  arrival,  the  permis- 
sible duration  of  the  stay  is  extended  by  twenty-four  hours. 

Art.  20.  Belligerent  warships  which  have  shipped  fuel  in  a  port  be- 
longing to  a  neutral  Power  may  not  within  the  succeeding  three  months 
replenish  their  supply  in  a  port  of  the  same  Power. 

Art.  21.  A  prize  may  only  be  brought  into  a  neutral  port  on  account 
of  unseaworthiness,  stress  of  weather,  or  want  of  fuel  or  provisions. 

It  must  leave  as  soon  as  the  circumstances  which  justified  its  entry  are 
at  an  end.  If  it  does  not,  the  neutral  Power  must  order  it  to  leave  at 
once;  should  it  fail  to  obey,  the  neutral  Power  must  employ  the  means 
at  its  disposal  to  release  it  with  its  officers  and  crew  and  to  intern  the 
prize  crew. 

Art.  22.  A  neutral  Power  must,  similarly,  release  a  prize  brought  into 
one  of  its  ports  under  circumstances  other  than  those  referred  to  in  Ar- 
ticle 21. 

Art.  23.  A  neutral  Power  may  allow  prizes  to  enter  its  ports  and 
roadsteads,  whether  under  convoy  or  not,  when  they  are  brought  there 
to  be  sequestered  pending  the  decision  of  a  Prize  Court.  It  may  have  the 
prize  taken  to  another  of  its  ports. 

If  the  prize  is  convoyed  by  a  warship,  the  prize  crew  may  go  on  board 
the  convoying  ship. 

If  the  prize  is  not  under  convoy,  the  prize  crew  are  left  at  liberty. 

(Article  23  was  not  adhered  to  by  the  United  States.) 

Art.  24.  If,  notwithstanding  the  notification  of  the  neutral  Power,  a 
belligerent  ship  of  war  does  not  leave  a  port  where  it  is  not  entitled  to 
remain,  the  neutral  Power  is  entitled  to  take  such  measures  as  it  considers 
necessary  to  render  the  ship  incapable  of  taking  the  sea  during  the  war, 
and  the  commanding  officer  of  the  ship  must  facilitate  the  execution  of 
such  measures. 

When  a  belligerent  ship  is  detained  by  a  neutral  Power,  the  officers  and 
crew  are  likewise  detained. 

The  officers  and  crew  thus  detained  may  be  left  in  the  ship  or  kept  either 
on  another  vessel  or  on  land,  and  may  be  subjected  to  the  measures  of 
restriction  which  it  may  appear  necessary  to  impose  upon  them.  A  suffi- 
cient number  of  men  for  looking  after  the  vessel  must,  however,  be  always 
left  on  board. 

The  officers  may  be  left  at  liberty  on  giving  their  word  not  to  quit  the 
neutral  territory  without  permission. 

Art.  25.  A  neutral  Power  is  bound  to  exercise  such  surveillance  as  the 
means  at  its  disposal  allow  to  prevent  any  violation  of  the  provisions  of  the 
above  Articles  occurring  in  its  ports  or  roadsteads  or  in  its  waters. 


THE  HAGUE  CONFERENCES  327 

Art.  26.  The  exercise  by  a  neutral  Power  of  the  rights  laid  down  in  the 
present  Convention  can  under  no  circumstances  be  considered  as  an 
unfriendly  act  by  one  or  other  belligerent  who  has  accepted  the  Article 
relating  thereto. 

Art.  27.  The  Contracting  Powers  shall  communicate  to  each  other  in 
due  course  all  Laws,  Proclamations,  and  other  enactments  regulating  in 
their  respective  countries  the  status  of  belligerent  warships  in  their  ports 
and  waters,  by  means  of  a  communication  addressed  to  the  Government 
of  the  Netherlands,  and  forwarded  immediately  by  that  Government  to 
the  other  Contracting  Powers. 

Art.  28.  The  provisions  of  the  present  Convention  do  not  apply  except 
to  the  Contracting  Powers,  and  then  only  if  all  the  belligerents  are  parties 
to  the  Convention. 

(Articles  29  to  33  contain  the  usual  final  provisions.)45 

DECLARATION  CONCERNING  THE  LAWS  OF  NAVAL  WARFARE 
Preliminary  Provision 

The  Signatory  Powers  are  agreed  that  the  rules  contained  in  the  fol- 
lowing Chapters  correspond  in  substance  with  the  generally  recognized 
principles  of  international  law. 

Chapter  I — Blockade  in  Time  of  War 

Article  I.  A  blockade  must  not  extend  beyond  the  ports  and  coasts 
belonging  to  or  occupied  by  the  enemy. 

Art.  2.  In  accordance  with  the  Declaration  of  Paris  of  1856,  a  blockade, 
in  order  to  be  binding,  must  be  effective, — that  is  to  say,  it  must  be  main- 
tained by  a  force  sufficient  really  to  prevent  access  to  the  enemy  coastline. 

Art.  3.    The  question  whether  a  blockade  is  effective  is  a  question  of  fact. 

Art.  4.  A  blockade  is  not  regarded  as  raised  if  the  blockading  force  is 
temporarily  withdrawn  on  account  of  stress  of  weather. 

Art.  5.  A  blockade  must  be  applied  impartially  to  the  ships  of  all 
nations. 

Art.  6.  The  Commander  of  a  blockading  force  may  give  permission  to 
a  warship  to  enter,  and  subsequently  to  leave,  a  blockaded  port. 

Art.  7.  In  circumstances  of  distress,  acknowledged  by  an  officer  of  the 
blockading  force,  a  neutral  vessel  may  enter  a  place  under  blockade  and 
subsequently  leave  it,  provided  that  she  has  neither  discharged  nor  shipped 
any  cargo  there. 

Art.  8.  A  blockade,  in  order  to  be  binding,  must  be  declared  in  accor- 
dance with  Article  9,  and  notified  in  accordance  with  Article  n  and  16. 

Art.  9.  A  declaration  of  blockade  is  made  either  by  the  blockading 
Power  or  by  the  naval  authorities  acting  in  its  name. 

It  specifies : 

45  Senate  Documents,  2d  Session  6ist  Congress,  48,  2352. 


328  INTERNATIONAL  RELATIONS 

(1)  The  date  when  the  blockade  begins; 

(2)  The  geographical  limits  of  the  coastline  under  blockade; 

(3)  The  period  within  which  neutral  vessels  may  come  out. 

Art.  10.  If  the  operations  of  the  blockading  Power,  or  of  the  naval 
authorities  acting  in  its  name,  do  not  tally  with  the  particulars,  which  in 
accordance  with  Articles  9  (i)  and  (2),  must  be  inserted  in  the  declaration 
of  blockade,  the  declaration  is  void,  and  a  new  declaration  is  necessary  in 
order  to  make  the  blockade  operative. 

Art.  ii.    A  declaration  of  blockade  is  notified: 

(1)  To  neutral  Powers  by  the  blockading  Power  by  means  of  a  com- 
munication addressed  to  the  Government  direct,  or  to  their  representatives 
accredited  to  it; 

(2)  To  the  local  authorities,  by  the  officer  commanding  the  blockading 
force.     The  local  authorities  will,  in  turn,  inform  the  foreign  consular 
officers  at  the  port  or  on  the  coastline  under  blockade  as  soon  as  possible. 

Art.  12.  The  rules  as  to  declaration  and  notification  of  blockade  apply 
to  cases  where  the  limits  of  a  blockade  are  extended,  or  where  a  blockade 
is  reestablished  after  being  raised. 

Art.  13.  The  voluntary  raising  of  a  blockade,  as  also  any  restriction  in 
the  limits  of  a  blockade,  must  be  notified  in  the  manner  prescribed  by 
Article  n. 

Art.  14.  The  liability  of  a  neutral  vessel  to  capture  for  breach  of 
blockade  is  contingent  on  her  knowledge,  actual  or  presumptive  of  the 
blockade. 

Art.  15.  Failing  proof  to  the  contrary,  knowledge  of  the  blockade 
is  presumed  if  the  vessel  left  a  neutral  port  subsequently  to  the  notification 
of  the  blockade  to  the  Power  to  which  such  port  belongs,  provided  that 
such  notification  was  made  in  sufficient  time. 

Art.  16.  If  a  vessel  approaching  a  blockaded  port  has  no  knowledge, 
actual  or  presumptive,  of  the  blockade,  the  notification  must  be  made  to 
the  vessel  itself  by  an  officer  of  one  of  the  ships  of  the  blockading  force. 
This  notification  should  be  entered  in  the  vessel's  log-book,  and  must 
state  the  day  and  hour,  and  the  geographical  position  of  the  vessel  at  the 
time. 

If,  through  the  negligence  of  the  officer  commanding  the  blockading 
force  no  declaration  of  blockade  has  been  notified  to  the  local  authorities, 
or  if  in  the  declaration,  as  notified,  no  period  has  been  mentioned  within 
which  neutral  vessels  may  come  out,  a  neutral  vessel  coming  out  of  the 
blockaded  port  must  be  allowed  to  pass  free. 

Art.  17.  Neutral  vessels  may  not  be  captured  for  breach  of  blockade 
except  within  the  area  of  operations  of  the  warships  detailed  to  render  the 
blockade  effective. 

Art.  18.  The  blockading  forces  must  not  bar  access  to  neutral  ports 
or  coasts. 

Art.  19.    Whatever  may  be  the  ulterior  destination  of  a  vessel  or  of  her 


THE  HAGUE  CONFERENCES  329 

cargo,  she  cannot  be  captured  for  breach  of  a  blockade,  if,  at  the  moment, 
she  is  on  her  way  to  a  non-blockaded  port. 

Art.  20.  A  vessel  which  has  broken  blockade  outwards,  or  which  has 
attempted  to  break  blockade  inwards,  is  liable  to  capture  so  long  as  she  is 
pursued  by  a  ship  of  the  blockading  force.  If  the  pursuit  is  abandoned,  or 
if  the  blockade  is  raised,  her  capture  can  no  longer  be  effected. 

Art.  21.  A  vessel  found  guilty  of  breach  of  blockade  is  liable  to  con- 
demnation. The  cargo  is  also  condemned,  unless  it  is  proved  that  at 
the  time  of  the  shipment  of  the  goods  the  shipper  neither  knew  nor  could 
have  known  of  the  intention  to  break  the  blockade. 

Chapter  II — Contraband  of  War 

Art.  22.  The  following  articles  may,  without  notice,  be  treated  as  con- 
traband of  war,  under  the  name  of  absolute  contraband: 

(1)  Arms  of   all   kinds,   including   arms    for   sporting  purposes,   and 
their  distinctive  component  parts. 

(2)  Projectiles,  charges,  and  cartridges  of  all  kinds,  and  their  distinc- 
tive component  parts. 

(3)  Powder  and  explosives  specially  prepared  for  use  in  war. 

(4)  Gun-mountings,  limber  boxes,  limbers,  military  wagons,  field  forges, 
and  their  distinctive  component  parts. 

(5)  Clothing  and  equipment  of  a  distinctively  military  character. 

(6)  All  kinds  of  harness  of  a  distinctively  military  character. 

(7)  Saddle,  draught,  and  pack  animals  suitable  for  use  in  war. 

(8)  Articles  of  camp  equipment,  and  their  distinctive  compound  parts. 

(9)  Armour  plates. 

(10)  Warships,  including  boats,  and  their  distinctive  component  parts 
of  such  a  nature  that  they  can  only  be  used  on  a  vessel  of  war. 

(n)  Implements  and  apparatus  designed  exclusively  for  the  manu- 
facture of  munitions  of  war,  for  the  manufacture  of  repair  of  arms,  or 
war  material  for  use  on  land  or  sea. 

Art.  23.  Articles  exclusively  used  for  war  may  be  added  to  the  list  of 
absolute  contraband  by  a  declaration,  which  must  be  notified. 

Such  notification  must  be  addressed  to  the  Governments  of  other  Pow- 
ers, or  to  their  representatives  accredited  to  the  power  making  the  declara- 
tion. A  notification  made  after  the  outbreak  of  hostilities  is  addressed 
only  to  neutral  Powers. 

Art.  24.  The  following  articles,  susceptible  of  use  in  war  as  well  as  for 
purposes  of  peace,  may,  without  notice,  be  treated  as  contraband  of  war, 
under  the  name  of  conditional  contraband : 

(1)  Foodstuffs. 

(2)  Forage  and  grain,  suitable  for  feeding  animals. 

(3)  Clothing,   fabrics   for  clothing,   and  boots  and  shoes,  suitable   for 
use  in  war. 

(4)  Gold  and  silver  in  coin  or  bullion ;  paper  money. 


330  INTERNATIONAL  RELATIONS 

(5)  Vehicles  of  all  kinds  available  for  use  in  war,  and  their  component 
parts. 

(6)  Vessels,  crafts,  and  boats  of   all  kinds;   floating  docks,  parts  of 
docks  and  their  component  parts. 

(7)  Railway  material,  both  fixed  and  rolling-stock,   and  material   for 
telegraphs,  wireless  telegraphs,  and  telephones. 

(8)  Balloons  and  flying  machines  and  their  distinctive  component  parts, 
together  with  accessories  and  articles  recognizable  as  intended  for  use  in 
connection  with  balloons  and  flying  machines. 

(9)  Fuel;  lubricants. 

(10)  Powder  and  explosives  not  specially  prepared  for  use  in  war. 
(n)  Barbed  wire  and  implements  for  fixing  and  cutting  the  same. 

(12)  Horseshoes  and  shoeing  material. 

(13)  Harness  and  saddlery. 

(14)  Field  glasses,  telescopes,  chronometers,  and  all  kinds  of  nautical 
instruments. 

Art.  25.  Articles  susceptible  of  use  in  war  as  well  as  for  purposes  of 
peace,  other  than  those  enumerated  in  Articles  22  and  24,  may  be  added  to 
the  list  of  conditional  contraband  by  a  declaration  which  must  be  notified 
in  the  manner  provided  for  in  the  second  paragraph  of  Article  23. 

Art.  26.  If  a  Power  waives,  so  far  as  it  is  concerned,  the  right  to  treat 
as  contraband  of  war  an  article  comprised  in  any  of  the  classes  enumerated 
in  Articles  22  and  24,  such  intention  shall  be  announced  by  a  declaration, 
which  must  be  notified  in  the  manner  provided  for  in  the  second  para- 
graph of  Article  23. 

Art.  27.  Articles  which  are  not  susceptible  of  use  in  war  may  not  be 
declared  contraband  of  war. 

Art.  28.    The  following  may  not  be  declared  contraband  of  war: 

(1)  Raw  cotton,  wool,  silk,  jute,  flax,  hemp,  and  other  raw  materials  of 
the  textile  industries,  and  yarns  of  the  same. 

(2)  Oil  seeds  and  nuts;  copra. 

(3)  Rubber,  resins,  gums,  and  lacs;  hops. 

(4)  Raw  hides  and  horns,  bones  and  ivory. 

(5)  Natural  and  artificial  manures,  including  nitrates  and  phosphates  for 
agricultural  purposes. 

(6)  Metallic  ores. 

(7)  Earths,  clays,  lime,  chalk,   stone,  including  marble,  bricks,   slates, 
and  tiles. 

(8)  Chinaware  and  glass. 

(9)  Paper  and  paper-making  materials. 

(10)  Soap,  paint  and  colours,  including  articles  exclusively  used  in  theii 
manufacture,  and  varnish. 

(u)  Bleaching  powder,  soda  ash,  caustic  soda,  salt  cake,  ammonia,  sul- 
phate of  ammonia,  and  sulphate  of  copper. 

(12)  Agricultural,  mining,  textile,  and  printing  machinery. 


THE  HAGUE  CONFERENCES  331 

(13)  Precious  and   semi-precious  stones,  pearls,   mother-of-pearl  and 
coral. 

(14)  Clocks  and  watches,  other  than  chronometers. 

(15)  Fashion  and  fancy  goods. 

(16)  Feathers  of  all  kinds,  hairs,  and  bristles. 

(17)  Articles  of  household  furniture  and  decoration;  office  furniture  and 
requisites. 

Art.  29.  Likewise  the  following  may  not  be  treated  as  contraband  of 
war: 

(1)  Articles  serving  exclusively  to  aid  the  sick  and  wounded.     They 
can,  however,  in  case  of  urgent  military  necessity  and  subject  to  the  paying 
of  compensation,  be  requisitioned,  if  their  destination  is  that  specified  in 
Article  30. 

(2)  Articles  intended  for  the  use  of  the  vessel  in  which  they  are  found, 
as  well  as  those  intended  for  the  use  of  her  crew  and  passengers  during 
the  voyage. 

Art.  30.  Absolute  contraband  is  liable  to  capture  if  it  is  shown  to  be 
destined  to  territory  belonging  to  or  occupied  by  the  enemy,  or  to  the 
armed  forces  of  the  enemy.  It  is  immaterial  whether  the  carriage  of  the 
goods  is  direct  or  entails  transshipment  or  a  subsequent  transport  by  land. 

Art.  31.  Proof  of  the  destination  specified  in  Article  30  is  complete  in 
the  following  cases : 

(1)  When  the  goods  are  documented  for  discharge  in  an  enemy  port, 
or  for  delivery  to  the  armed  forces  of  the  enemy. 

(2)  When  the  vessel  is  to  call  at  enemy  ports  only,  or  when  she  is  to 
touch  at  an  enemy  port  or  meet  the  armed  forces  of  the  enemy  before 
reaching  the  neutral  port  for  which  the  goods  in  question  are  documented. 

Art.  32.  Where  a  vessel  is  carrying  absolute  contraband,  her  papers  are 
conclusive  proof  as  to  the  voyage  on  which  she  is  engaged,  unless  she 
is  found  clearly  out  of  the  course  indicated  by  her  papers  and  unable  to 
give  adequate  reasons  to  justify  such  deviation. 

Art.  33.  Conditional  contraband  is  liable  to  capture  if  it  is  shown  to 
be  destined  for  the  use  of  the  armed  forces  or  of  a  government  department 
of  the  enemy  State,  unless,  in  this  latter  case  the  circumstances  show  that 
the  goods  cannot  in  fact  be  used  for  the  purposes  of  the  war  in  progress. 
This  latter  exception  does  not  apply  to  a  consignment  coming  under 
Article  24  (4). 

Art.  34.  The  destination  referred  to  in  Article  33  is  presumed  to  exist 
if  the  goods  are  consigned  to  enemy  authorities,  or  to  a  contractor  estab- 
lished in  the  enemy  country  who,  as  a  matter  of  common  knowledge,  sup- 
plies articles  of  this  kind  to  the  enemy.  A  similar  presumption  arises  if 
the  goods  are  consigned  to  a  fortified  place  belonging  to  the  enemy,  or 
other  place  serving  as  a  base  for  the  armed  forces  of  the  enemy.  No 
such  presumption,  however,  arises  in  the  case  of  a  merchant  vessel  bound 
for  one  of  these  places  if  it  is  sought  to  prove  that  she  herself  is  contra- 
band. 


332  INTERNATIONAL  RELATIONS 

In  cases  where  the  above  presumptions  do  not  arise,  the  destination  is 
presumed  to  be  innocent. 

The  presumptions  set  up  by  this  Article  may  be  rebutted. 

Art.  35.  Conditional  contraband  is  not  liable  to  capture,  except  when 
found  on  board  a  vessel  bound  for  territory  belonging  to  or  occupied  by 
the  enemy,  or  for  the  armed  forces  of  the  enemy,  and  when  it  is  not  to  be 
discharged  in  an  intervening  neutral  port. 

The  ship's  papers  are  conclusive  proof  both  as  to  .the  voyage  on  which 
the  vessel  is  engaged  and  as  to  the  port  of  discharge  of  the  goods,  unless 
she  is  found  clearly  out  of  the  course  indicated  by  her  papers,  and  unable 
to  give  adequate  reasons  to  justify  such  deviation. 

Art.  36.  Notwithstanding  the  provisions  of  Article  35,  conditional 
contraband,  if  shown  to  have  the  destination  referred  to  in  Article  33,  is 
liable  to  capture  in  cases  where  the  enemy  country  has  no  seaboard. 

Art.  37.  A  vessel  carrying  goods  liable  to  capture  as  absolute  or  condi- 
tional contraband,  may  be  captured  on  the  high  seas  or  in  the  voyage, 
even  if  she  is  to  touch  at  a  port  of  call  before  reaching  the  hostile  destina- 
tion. 

Art.  38.  A  vessel  may  not  be  captured  on  the  ground  that  she  has 
carried  contraband  on  a  previous  occasion  if  such  carriage  is  in  point  of 
fact  at  an  end. 

Art.  39.    Contraband  goods  are  liable  to  condemnation. 

Art.  40.  A  vessel  carrying  contraband  may  be  condemned  if  the  con- 
traband, reckoned  either  by  value,  weight,  volume,  or  freight,  forms  more 
than  half  the  cargo. 

Art.  41.  If  a  vessel  carrying  contraband  is  released,  she  may  be  con- 
demned to  pay  the  whole  costs  and  expenses  by  the  captor  in  respect  of 
the  proceedings  in  the  national  prize  court  and  the  custody  of  the  ship 
and  cargo  during  the  proceedings. 

Art.  42.  Goods  which  belong  to  the  owner  of  the  contraband  and  are  on 
board  the  same  vessel  are  liable  to  condemnation. 

Art.  43.  If  a  vessel  is  encountered  at  sea  while  unaware  of  the  outbreak 
of  hostilities  or  of  the  declaration  of  contraband  which  applies  to  her  car- 
go, the  contraband  cannot  be  condemned  except  on  payment  of  compensa- 
tion; the  vessel  herself  and  the  remainder  of  the  cargo  are  not  liable  to 
condemnation  or  to  the  costs  and  expenses  referred  to  in  Article  41.  The 
same  rule  applies  if  the  master,  after  becoming  aware  of  the  outbreak 
of  hostilities,  or  of  the  declaration  of  contraband,  has  had  no  opportunity 
of  discharging  the  contraband. 

A  vessel  is  deemed  to  be  aware  of  the  existence  of  a  state  of  war,  or  of 
a  declaration  of  contraband,  if  she  left  a  neutral  port  subsequently  to  the 
notification  to  the  Power  to  which  such  port  belongs  of  the  outbreak  of 
hostilities  or  of  the  declaration  of  contraband  respectively,  provided 
that  such  notification  was  made  in  sufficient  time.  A  vessel  is  also  deemed 
to  be  aware  of  the  existence  of  a  state  of  war  if  she  left  an  enemy  port 
after  the  outbreak  of  hostilities. 


333 

Art.  44.  A  vessel  which  has  been  stopped  on  the  ground  that  she  is 
carrying  contraband,  and  which  is  not  liable  to  condemnation  on  account 
of  the  proportion  of  contraband  on  board,  may,  when  the  circumstances 
permit,  be  allowed  to  continue  her  voyage  if  the  master  is  willing  to 
hand  over  the  contraband  to  the  belligerent  warship. 

The  delivery  of  the  contraband  must  be  entered  by  the  captor  on  the 
logbook  of  the  vessel  stopped  and  the  master  must  give  the  captor  duly 
certified  copies  of  all  relevant  papers. 

The  captor  is  at  liberty  to  destroy  the  contraband  that  has  been  handed 
over  to  him  under  those  conditions. 

Chapter  III — Unneutral  Service 

Art.  45.  A  neutral  vessel  will  be  condemned  and  will,  in  a  general  way, 
receive  the  same  treatment  as  a  neutral  vessel  liable  to  condemnation  for 
carriage  of  contraband: 

(1)  If  she  is  on  a  voyage  specially  undertaken  with  a  view  to  the  trans- 
port of  individual  passengers  who  are  embodied  in  the  armed  forces  of 
the  enemy  or  with  a  view  to  the  transmission  of  intelligence  in  the  in- 
terest of  the  enemy. 

(2)  If  to  the  knowledge  of  either  the  owner,  the  charterer,  or  the 
master,  she  is  transporting  a  military  detachment  of  the  enemy,  or  one 
or  more  persons  who,  in  the  course  of  the  voyage,  directly  assist  the  oper- 
ations of  the  enemy. 

In  the  cases  specified  under  the  above  heads,  goods  belonging  to  the  own- 
er of  the  vessel  are  likewise  liable  to  condemnation. 

The  provisions  of  the  present  Article  do  not  apply  if  the  vessel  is 
encountered  at  sea  while  unaware  of  the  outbreak  of  hostilities,  or  if  the 
master,  after  becoming  aware  of  the  outbreak  of  hostilities,  has  had  no 
opportunity  of  disembarking  the  passengers.  The  vessel  is  deemed  to  be 
aware  of  the  existence  of  a  state  of  war  if  she  left  an  enemy  port  subse- 
quently to  the  outbreak  of  hostilities,  or  a  neutral  port  subsequently  to 
the  notification  of  the  outbreak  of  hostilities  to  the  Power  to  which  such 
port  belongs,  provided  that  such  notification  was  made  in  sufficient  time. 

Art.  46.  A  neutral  vessel  will  be  condemned  and,  in  a  general  way, 
receive  the  same  treatment  as  would  be  applicable  to  her  if  she  were  an 
enemy  merchant  vessel : 

(1)  If  she  takes  a  direct  part  in  the  hostilities; 

(2)  If  she  is  under  the  orders  or  control  of  an  agent  placed  on  board 
by  the  enemy  Government; 

(3)  If  she  is  in  the  exclusive  employment  of  the  enemy  Government. 

(4)  If  she  is  exclusively  engaged  at  the  time  either  in  the  transport 
of  enemy  troops  or  in  the  transmission  of  intelligence  in  the  interest  of 
the  enemy. 

In  the  cases  covered  by  the  present  Article,  goods  belonging  to  the 
owner  of  the  vessel  are  likewise  liable  to  condemnation. 


334  INTERNATIONAL  RELATIONS 

Art.  47.  Any  individual  embodied  in  the  armed  forces  of  the  enemy 
who  is  found  on  board  a  neutral  merchant  vessel,  may  be  made  a  prisoner 
of  war,  even  though  there  be  no  ground  for  the  capture  of  the  vessel. 

Chapter  IV — Destruction  of  Neutral  Prizes 

Art.  48.  A  neutral  vessel  which  has  been  captured  may  not  be  destroyed 
by  the  captor;  she  must  be  taken  into  such  port  as  is  proper  for  the  deter- 
mination there  of  all  questions  concerning  the  validity  of  the  capture. 

Art.  49.  As  an  exception,  a  neutral  vessel  which  has  been  captured  by  a 
belligerent  warship,  and  which  would  be  liable  to  condemnation,  may  be 
destroyed  if  the  observance  of  Article  48  would  involve  danger  to  the 
safety  of  the  warship  or  to  the  success  of  the  operations  in  which  she  is 
engaged  at  the  time. 

Art.  50.  Before  the  vessel  is  destroyed  all  persons  on  board  must  be 
placed  in  safety,  and  all  the  ship's  papers  and  other  documents,  which  the 
parties  interested  consider  relevant  for  the  purpose  of  deciding  on  the 
validity  of  the  capture  must  be  taken  on  board  the  warship. 

Art.  51.  A  captor  who  has  destroyed  a  neutral  vessel  must,  prior  to 
any  decision  respecting  the  validity  of  the  prize,  establish  that  he  only 
acted  in  the  face  of  an  exceptional  necessity  of  the  nature  contemplated  in 
Article  49.  If  he  fails  to  do  this,  he  must  compensate  the  parties  interested 
and  no  examination  shall  be  made  of  the  question  whether  the  capture  was 
valid  or  not. 

Art.  52.  If  the  capture  of  a  neutral  vessel  is  subsequently  held  to  be 
invalid,  though  the  act  of  destruction  is  held  to  have  been  justifiable,  the 
captor  must  pay  compensation  to  the  parties  interested,  in  place  of  the 
restitution  to  which  they  would  have  been  entitled. 

Art.  53.  If  neutral  goods  not  liable  to  cendemnation  have  been  de- 
stroyed with  the  vessel,  the  owner  of  such  goods  is  entitled  to  compen- 
sation. 

Art.  54.  The  captor  has  the  right  to  demand  the  handing  over,  or  to 
proceed  himself  to  the  destruction  of,  any  goods  liable  to  condemnation 
found  on  board  a  vessel  not  herself  liable  to  condemnation,  provided  that 
the  circumstances  are  such  as  would,  under  Article  49,  justify  the  destruc- 
tion of  a  vessel  herself  liable  to  condemnation.  The  captor  must  enter  the 
goods  surrendered  or  destroyed  in  the  logbook  of  the  vessel  stopped,  and 
must  obtain  duly  certified  copies  of  all  relevant  papers.  When  the  goods 
have  been  handed  over  or  destroyed,  and  the  formalities  duly  carried 
out,  the  master  must  be  allowed  to  continue  his  voyage. 

The  provisions  of  Articles  51  and  52  respecting  the  obligations  of  a 
captor  who  has  destroyed  a  neutral  vessel  are  applicable. 

Chapter  V — Transfer  to  a  Neutral  Flag 

Art.  55.  The  transfer  of  an  enemy  vessel  to  a  neutral  flag,  effected  be- 
fore the  outbreak  of  hostilities,  is  valid,  unless  it  is  proved  that  such 


THE  HAGUE  CONFERENCES  335 

transfer  was  made  in  order  to  evade  the  consequences  to  which  an  enemy 
vessel,  as  such,  is  exposed.  There  is,  however,  a  presumption,  if  the  bill 
of  sale  is  not  on  board  the  vessel  which  has  lost  her  belligerent  nationality 
less  than  sixty  days  before  the  outbreak  of  hostilities,  that  the  transfer 
is  void.  This  presumption  may  be  rebutted. 

Where  the  transfer  was  effected  more  than  thirty  days  before  the  out- 
break of  hostilities,  there  is  an  absolute  presumption  that  it  is  valid  if  it  is 
unconditional,  complete  and  in  conformity  with  the  laws  of  the  countries 
concerned,  and  if  its  effect  is  such  that  neither  the  control  of,  nor  the 
profits  arising  from  the  employment  of,  the  vessel  remain  in  the  same  hands 
as  before  the  transfer.  If,  however,  the  vessel  lost  her  belligerent  na- 
tionality less  than  sixty  days  before  the  outbreak  of  hostilities  and  if  the 
bill  of  sale  is  not  on  board,  the  capture  of  the  vessel  gives  no  right  to 
damages. 

Art.  56.  The  transfer  of  an  enemy  vessel  to  a  neutral  flag  effected  after 
the  outbreak  of  hostilities,  is  void  unless  it  is  proved  that  such  transfer 
was  not  made  in  order  to  evade  the  consequences  to  which  an  enemy 
vessel,  as  such,  is  exposed. 

There,  however,  is  an  absolute  presumption  that  a  transfer  is  void: 

(1)  If  the  transfer  has  been  made  during  a  voyage  or  in  a  blockaded 
port. 

(2)  If  a  right  to  repurchase  or  recover  the  vessel  is  reserved  to  the 
vendor. 

(3)  If  the  requirements  of  the  municipal  law  governing  the  right  to  fly 
the  flag  under  which  the  vessel  is  sailing,  have  not  been  fulfilled. 

Chapter  VI — Enemy  Character 

Art.  57.  Subject  to  the  provisions  respecting  transfer  to  another  flag, 
the  neutral  or  enemy  character  of  a  vessel  is  determined  by  the  flag  which 
she  is  entitled  to  fly. 

The  case  where  a  neutral  vessel  is  engaged  in  trade  which  is  closed  in 
time  of  peace  remains  outside  the  scope  of,  and  is  in  no  wise  affected  by, 
this  rule. 

Art.  58.  The  neutral  or  enemy  character  of  goods  found  on  board  an 
enemy  vessel  is  determined  by  the  neutral  or  enemy  character  of  the  owner. 

Art.  59.  In  the  absence  of  proof  of  the  neutral  character  of  the 
goods  found  on  board  an  enemy  vessel,  they  are  presumed  to  be  enemy 
goods. 

Art.  60.  Enemy  goods  on  board  an  enemy  vessel  retain  their  enemy 
character  until  they  reach  their  destination,  notwithstanding  any  transfer 
effected  after  the  outbreak  of  hostilities  while  the  goods  are  being  for- 
warded. 

If,  however,  prior  to  the  capture,  a  former  neutral  owner  exercises, 
on  the  bankruptcy  of  an  existing  enemy  owner,  a  recognized  legal  right  to 
recover  the  goods,  they  regain  their  neutral  character. 


336  INTERNATIONAL  RELATIONS 

Chapter  VII — Convoy 

Art.  61.  Neutral  vessels  under  national  convoy  are  exempt  from  search. 
The  commander  of  a  convoy  gives,  in  writing,  at  the  request  of  a  com- 
mander of  a  belligerent  warship,  all  information  as  to  the  character  of 
the  vessels  and  their  cargoes,  which  could  be  obtained  by  search. 

Art.  62.  If  the  commander  of  the  belligerent  warship  has  reason  to 
suspect  that  the  confidence  of  the  commander  of  the  convoy  has  been 
abused,  he  communicates  his  suspicions  to  him.  In  such  a  case  it  is  for 
the  commander  of  the  convoy  alone  to  investigate  the  matter.  He  must 
record  the  result  of  such  investigation  in  a  report,  of  which  a  copy  is 
handed  to  the  officer  of  the  warship.  If,  in  the  opinion  of  the  commander 
of  the  convoy,  the  facts  shown  in  the  report  justify  the  capture  of  one 
or  more  vessels,  the  protection  of  the  convoy  must  be  withdrawn  from 
such  vessels. 

Chapter  VIII — Resistance  to  Search 

Art.  63.  Forcible  resistance  to  the  legitimate  exercise  of  the  right  of 
stoppage,  search,  and  capture,  involves  in  all  cases  the  condemnation  of 
the  vessel.  The  cargo  is  liable  to  the  same  treatment  as  the  cargo  of  an 
enemy  vessel.  Goods  belonging  to  the  master  or  owner  of  the  vessel  are 
treated  as  enemy  goods. 

Chapter  IX — Compensation 

Art.  64.  If  the  capture  of  a  vessel  or  of  goods  is  not  upheld  by  the 
prize  court,  or  if  the  prize  is  released  without  any  judgment  being  given, 
the  parties  interested  have  the  right  to  compensation,  unless  there  were 
good  reasons  for  capturing  the  vessel  or  goods. 

Final  Provisions 

Art.  65.  The  provisions  of  the  present  declaration  must  be  treated  as  a 
whole,  and  cannot  be  separated. 

Art.  66.  The  Signatory  Powers  undertake  to  insure  the  mutual  obser- 
vance of  the  rules  contained  in  the  present  Declaration  in  any  war  in 
which  all  the  belligerents  are  parties  thereto.  They  will  therefore  issue 
the  necessary  instructions  to  their  authorities  and  to  their  armed  forces, 
and  will  take  such  measures  as  may  be  required  in  order  to  insure  that  it 
will  be  applied  by  their  courts,  and  more  particularly  by  their  prize  courts. 

(Ratifications  to  be  deposited  at  London,  and  to  take  effect  in  sixty  days 
after  protocol  recording  such  deposit.  Denunciation  not  to  take  effect 
until  after  12  years  from  date  of  ratification.  Adherence  of  other  Pow- 
ers invited.)46 

46  Senate  Documents,  3d  Session  62d  Congress,  10,  266  to  282. 


THE  HAGUE  CONFERENCES  337 

INTERNATIONAL  PRIZE  COURT  CONVENTION 
Part  I — General  Provisions 

Article  i.  The  validity  of  the  capture  of  a  merchant-ship  or  its  cargo 
is  decided  before  a  Prize  Court  in  accordance  with  the  present  Convention 
when  neutral  or  enemy  property  is  involved. 

Art.  2.  Jurisdiction  in  matters  of  prize  is  exercised  in  the  first  instance 
by  the  prize  Courts  of  the  belligerent  captor. 

The  judgments  of  these  Courts  are  pronounced  in  public  or  are  officially 
notified  to  parties  concerned  who  are  neutrals  or  enemies. 

Art.  3.  The  judgments  of  National  Prize  Courts  may  be  brought  before 
the  International  Prize  Court: 

1.  When  the  judgment  of  the  National  Prize  Courts  affects  the  property 
of  a  neutral  Power  or  individual; 

2.  When  the  judgment  affects  enemy  property  and  relates  to: 

(a)  Cargo  on  board  a  neutral  ship; 

(b)  An   enemy   ship   captured  in   the   territorial   waters   of   a   neutral 
Power,  when  that  Power  has  not  made  the  capture  the  subject  of  a  diplo- 
matic claim; 

(c)  A  claim  based  upon  the  allegation  that  the  seizure  has  been  effected 
in  violation,  either  of  the  provisions  of  a  Convention  in  force  between 
the   belligerent   Powers,   or   of   an   enactment   issued   by   the   belligerent 
captor. 

The  appeal  against  the  judgment  of  the  National  Court  can  be  based  on 
the  ground  that  the  judgment  was  wrong  either  in  fact  or  in  law. 
Art.  4.    An  appeal  may  be  brought : 

1.  By  a  neutral   Power,   if  the  judgment  of   the   National   Tribunals 
injuriously  affects  its  property  or  the  property  of  its  nationals   (Article  3 
(i)),  or  if  the  capture  of  an  enemy  vessel  is  alleged  to  have  taken  place 
in  the  territorial  waters  of  that  Power  (Article  3   (2)    (b)  ; 

2.  By  a  neutral  individual,  if  the  judgment  of  the  National  Court  in- 
juriously affects  his  property   (Article  3    (i))    subject,  however,  to  the 
reservation  that  the  Power  to  which  he  belongs  may  forbid  him  to  bring 
the  case  before  the  Court,  or  may  itself  undertake  the  proceedings  in  his 
place ; 

3.  By  an  individual  subject  or  citizen  of  any  Power,  if  the  judgment 
of  the  National  Court  injuriously  affects  his  property  in  the  cases  re- 
ferred to  in  Article  3  (2),  except  that  mentioned  in  paragraph   (b). 

Art.  5.  An  appeal  may  also  be  brought  on  the  same  conditions  as  in  the 
preceding  Article,  by  persons  belonging  either  to  neutral  States  or  to 
the  enemy,  deriving  their  rights  from  and  entitled  to  represent  an  individual 
qualified  to  appeal,  and  who  have  taken  part  in  the  proceedings  before  the 
National  Court.  Persons  so  entitled  may  appeal  separately  to  the  extent 
of  their  interest. 

The  same  rule  applies  in  the  case  of  persons  belonging  either  to  neu- 


338  INTERNATIONAL  RELATIONS 

tral  States  or  to  the  enemy  who  derive  their  rights  from  and  are  entitled 
to  represent  a  neutral  Power  whose  property  was  the  subject  of  the 
decision. 

Art.  6.  When  in  accordance  with  the  above  Article  3,  the  International 
Court  has  jurisdiction,  the  National  Courts  cannot  deal  with  a  case  in  more 
than  two  instances.  The  municipal  law  of  the  belligerent  captor  shall 
decide  whether  the  case  may  be  brought  before  the  International  Court 
after  judgment  has  been  given  in  first  instance  or  only  after  an  appeal. 

If  the  National  Courts  fail  to  give  final  judgment  within  two  years  from 
the  date  of  capture,  the  case  may  be  carried  direct  to  the  International 
Court. 

Art.  7.  If  a  question  of  law  to  be  decided  is  covered  by  a  Treaty  in 
force  between  the  belligerent  captor  and  a  Power  which  is  itself  or 
whose  subject  or  citizen  is  a  party  to  the  proceedings,  the  Court  is  gov- 
erned by  the  provisions  of  the  said  Treaty. 

In  the  absence  of  such  provisions,  the  Court  shall  apply  the  rules  of 
international  law.  If  no  generally  recognized  rule  exists,  the  Court  shall 
give  judgment  in  accordance  with  the  general  principles  of  justice  and 
equity. 

The  above  provisions  apply  equally  to  questions  relating  to  the  order 
and  mode  of  proof. 

If,  in  accordance  with  Article  3  (2)  (c),  the  ground  of  appeal  is  the 
violation  of  an  enactment  issued  by  the  belligerent  captor,  the  Court  will 
enforce  the  enactment. 

The  Court  may  disregard  failure  to  comply  with  the  procedure  laid  down 
in  the  enactments  of  the  belligerent  captor,  when  it  is  of  opinion  that  the 
consequences  of  complying  therewith  are  unjust  and  inequitable. 

Art.  8.  If  the  Court  pronounces  the  capture  of  the  vessel  or  cargo 
to  be  valid,  they  shall  be  disposed  of  in  accordance  with  the  laws  of  the 
belligerent  captor. 

If  it  pronounces  the  capture  to  be  null,  the  Court  shall  order  restitution 
of  the  vessel  or  cargo,  and  shall  fix,  if  there  is  occasion,  the  amount  of 
damages.  If  the  vessel  or  cargo  has  been  sold  or  destroyed,  the  Court 
shall  determine  the  compensation  to  be  given  to  the  owner  on  this  account. 

If  the  national  Court  pronounced  the  capture  to  be  null,  the  Court  can 
only  be  asked  to  decide  as  to  the  damages. 

Art.  9.  The  Contracting  Powers  undertake  to  submit  in  good  faith  to  the 
decisions  of  the  International  Prize  Court  and  to  carry  them  out  with 
the  least  possible  delay. 

Part  II — Constitution  of  the  International  Prize  Court 
Art.   10.     The   International  Prize  Court  is  composed  of  Judges  and 
Deputy  Judges,  who  will  be  appointed  by  the  Contracting  Powers,  and 
must  all  be  jurists  of  known  proficiency  in  questions  of  international  mari- 
time law,  and  of  the  highest  moral  reputation. 


THE  HAGUE  CONFERENCES  339 

The  appointment  of  these  Judges  and  Deputy  Judges  shall  be  made 
within  six  months  after  the  ratification  of  the  present  Convention. 

Art  ii.  The  Judges  and  Deputy  Judges  are  appointed  for  a  period  of 
six  years,  reckoned  from  the  date  on  which  the  notification  of  their 
appointment  is  received  by  the  Administrative  Council  established  by  the 
Convention  for  the  Pacific  Settlement  of  International  Disputes  of  the 
29th  July,  1899.  Their  appointments  can  be  renewed. 

Should  one  of  the  Judges  or  Deputy  Judges  die  or  resign,  the  same  pro- 
cedure is  followed  for  filling  the  vacancy  as  was  followed  for  appointing 
him.  In  this  case,  the  appointment  is  made  for  a  fresh  period  of  six 
years. 

Art.  12.  The  Judges  of  the  International  Prize  Court  are  all  equal  in 
rank  and  have  precedence  according  to  the  date  on  which  the  notification 
of  their  appointment  was  received  (Article  n,  paragraph  i),  and  if  they 
sit  by  rota  (Article  15,  paragraph  2),  according  to  the  date  on  which 
they  entered  upon  their  duties.  When  the  date  is  the  same  the  senior  in 
age  takes  precedence. 

The  Deputy  Judges  when  acting  are  assimilated  to  the  Judges,  they 
rank,  however,  after  them. 

Art.  13.  The  Judges  enjoy  diplomatic  privileges  and  immunities  in 
the  performance  of  their  duties  and  when  outside  their  own  country. 

Before  taking  their  seat,  the  Judges  must  swear,  or  make  a  solemn  prom- 
ise before  the  Administrative  Council,  to  discharge  their  duties  impar- 
tially and  conscientiously. 

Art.  14.  The  Court  is  composed  of  fifteen  Judges;  nine  Judges  con- 
stitute a  quorum. 

A  Judge  who  is  absent  or  prevented  from  sitting  is  replaced  by  the 
Deputy  Judge. 

Art.  15.  The  Judges  appointed  by  the  following  Contracting  Powers : 
Germany,  the  United  States  of  America,  Austria-Hungary,  France,  Great 
Britain,  Italy,  Japan,  and  Russia,  are  always  summoned  to  sit. 

The  Judges  and  Deputy  Judges  appointed  by  the  other  Contracting 
Powers  sit  by  rota  as  shown  in  the  table  annexed  to  the  present  Conven- 
tion ;  their  duties  may  be  performed  successively  by  the  same  person. 
The  same  Judge  may  be  appointed  by  several  of  the  said  Powers. 

Art.  16.  If  a  belligerent  Power  has,  according  to  the  rota,  no  Judge 
sitting  in  the  Court,  it  may  ask  that  the  Judge  appointed  by  it  should  take 
part  in  the  settlement  of  all  cases  arising  from  the  war.  Lots  shall  then 
be  drawn  as  to  which  of  the  Judges  entited  to  sit  according  to  the  rota 
shall  withdraw.  This  arrangement  does  not  affect  the  Judge  appointed 
by  the  other  belligerent. 

Art.  17.  No  Judge  can  sit  who  has  been  a  party,  in  any  way  whatever, 
to  the  sentence  pronounced  by  the  National  Courts,  or  has  taken  part  in 
the  case  as  counsel  or  advocate  for  one  of  the  parties. 

No  Judge  or  Deputy  Judge  can,  during  his  tenure  of  office,  appear  as 


340  INTERNATIONAL  RELATIONS 

agent  or  advocate  before  the  International  Prize  Court,  nor  act  for  one 
of  the  parties  in  any  capacity  whatever. 

Art.  18.  The  belligerent  captor  is  entitled  to  appoint  a  naval  officer 
of  high  rank  to  sit  as  Assessor,  but  with  no  voice  in  the  decision.  A 
neutral  Power,  which  is  a  party  to  the  proceeding  or  whose  subject  or 
citizen  is  a  party,  has  the  same  right  of  appointment;  if  as  the  result  of 
this  last  provision  more  than  one  Power  is  concerned,  they  must  agree 
among  themselves,  if  necessary  by  lot,  on  the  officer  to  be  appointed. 

Art.  19.  The  court  elects  its  President  and  Vice-President  by  an  abso- 
lute majority  of  the  votes  cast.  After  two  ballots,  the  election  is  made  by 
a  bare  majority,  and,  in  case  the  votes  are  equal,  by  lot. 

Art.  20.  The  Judges  on  the  International  Prize  Court  are  entitled  to 
travelling  allowances  in  accordance  with  the  regulations  in  force  in  their 
own  country,  and  in  addition  receive,  while  the  court  is  sitting  or  while 
they  are  carrying  out  duties  conferred  upon  them  by  the  Court,  a  sum 
of  100  Netherland  florins  per  diem. 

These  payments  are  included  in  the  general  expenses  of  the  Court 
dealt  with  in  Article  47,  and  are  paid  through  the  International  Bureau 
established  by  the  Convention  of  the  2pth  July,  1899. 

The  Judges  may  not  r  ceive  from  their  own  Government  or  from  that  of 
any  other  Power  any  remuneration  in  their  capacity  of  members  of  the 
Court. 

Art.  21.  The  seat  of  the  International  Prize  Court  is  at  the  Hague  and 
it  cannot,  except  in  the  case  of  force  majeure,  be  transferred  elsewhere 
without  the  consent  of  the  belligerents. 

Art.  22.  The  Administrative  Council  fulfils,  with  regard  to  the  Inter- 
national Prize  Court,  the  same  functions  as  to  the  Permanent  Court  of 
Arbitration,  but  only  representatives  of  Contracting  Powers  will  be 
members  of  it. 

Art.  23.  The  International  Bureau  acts  as  registry  to  the  International 
Prize  Court  and  must  place  its  offices  and  staff  at  the  disposal  of  the 
Court.  It  has  charge  of  the  archives  and  carries  out  the  administrative 
work. 

The  Secretary-General  of  the  International  Bureau  acts  as  Registrar. 

The  necessary  secretaries  to  assist  the  Registrar,  translators  and  short- 
hand writers  are  appointed  and  sworn  in  by  the  Court. 

Art.  24.  The  Court  determines  which  language  it  will  itself  use  and 
what  languages  may  be  used  before  it,  but  the  official  languages  of  the 
National  Courts  which  have  had  cognizance  of  the  case  may  always  be  used 
before  the  Court. 

Art.  25.  Powers  which  are  concerned  in  a  case  may  appoint  special 
agents  to  act  as  intermediaries  between  themselves  and  the  Court.  They 
may  also  engage  counsel  or  advocates  to  defend  their  rights  and  interests. 

Art.  26.  A  private  person  concerned  in  a  case  will  be  represented  before 
the  court  by  an  attorney,  who  must  be  either  an  advocate  qualified  to  plead 


THE  HAGUE  CONFERENCES  341 

before  a  Court  of  Appeal  or  a  Hight  Court  of  one  of  the  Coutracting 
States,  or  a  lawyer  practising  before  a  similar  Court,  or  lastly,  a  professor 
of  law  at  one  of  the  higher  teaching  centers  of  those  countries. 

Art.  27.  For  all  notices  to  be  served,  in  particular  on  the  parties,  wit- 
nesses, or  experts,  the  Court  may  apply  direct  to  the  Government  of  the 
State  on  whose  territory  the  service  is  to  be  carried  out.  The  same 
rule  applies  in  the  case  of  steps  being  taken  to  procure  evidence. 

The  requests  for  this  purpose  are  to  be  executed  so  far  as  the  means 
at  the  disposal  of  the  Power  applied  to  under  its  municipal  law  allow. 
They  cannot  be  rejected  unless  the  Power  in  question  considers  them 
calculated  to  impair  its  sovereign  rights  or  its  safety.  If  the  request  is 
complied  with,  the  fees  charged  must  only  comprise  the  expenses  actually 
incurred. 

The  Court  is  equally  entitled  to  act  through  the  Power  on  whose 
territory  it  sits. 

Notices  to  be  given  to  parties  in  the  place  where  the  Court  sits  may 
be  served  through  the  International  Bureau. 

Part  III — Procedure  in  the  International  Prize  Court 

Art.  28.  An  appeal  to  the  International  Prize  Court  is  entered  by  means 
of  a  written  declaration  made  in  the  National  Court  which  has  already 
dealt  with  the  case  or  addressed  to  the  International  Bureau;  in  the 
latter  case  the  appeal  can  be  entered  by  telegram. 

The  period  within  which  the  appeal  must  be  entered  is  fixed  at  I2OX 
days,  counting  from  the  day  the  decision  is  delivered  or  notified.  (Article 
2,  paragraph  2.) 

Art.  29.  If  the  notice  of  appeal  is  entered  in  the  National  Court,  this 
Court,  without  considering  the  question  whether  the  appeal  was  entered 
in  due  time,  will  transmit  within  seven  days  the  record  of  the  case  to  the 
International  Bureau. 

If  the  notice  of  the  appeal  is  sent  to  the  International  Bureau,  the  Bu- 
reau will  immediately  inform  the  National  Court,  when  possible  by  tele- 
graph. The  latter  will  transmit  the  record  as  provided  in  the  preceding 
paragraph. 

When  the  appeal  is  brought  by  a  neutral  individual  the  International 
Bureau  at  once  informs  by  telegraph  the  individual's  Government,  in 
order  to  enable  it  to  enforce  the  rights  it  enjoys  under  Article  4,  para- 
graph 2. 

Art.  30.  In  the  case  provided  for  in  Article  6,  paragraph  2,  the  notice 
of  appeal  can  be  addressed  to  the  International  Bureau  only.  It  must  be 
entered  within  thirty  days  of  the  expiration  of  two  years. 

Art.  31.  If  the  appellant  does  not  enter  his  appeal  within  the  periods 
laid  down  in  Article  28  or  30,  it  shall  be  rejected  without  discussion. 

Provided  that  he  can  show  that  he  was  prevented  from  so  doing  by 
force  majeure,  and  that  the  appeal  was  entered  within  sixty  days  after 


343  INTERNATIONAL  RELATIONS 

the  circumstances  which  prevented  him  entering  it  before  had  ceased  to 
operate,  the  court  can,  after  hearing  the  respondent,  grant  relief  from  the 
effect  of  the  above  provision. 

Art.  32.  If  the  appeal  is  entered  in  time,  a  certified  copy  of  the  notice 
of  appeal  is  forthwith  officially  transmitted  by  the  Court  to  the  respondent. 

Art.  33.  If  in  addition  to  the  parties  who  are  before  the  Court  there 
are  other  parties  concerned  who  are  entitled  to  appeal,  or  if,  in  the  case 
referred  to  in  Article  29,  paragraph  3,  the  Government  who  has  received 
notice  of  an  appeal  has  not  announced  its  decision,  the  Court  will  await 
before  dealing  with  the  case  the  expiration  of  the  period  laid  down  in 
Articles  28  and  30. 

Art.  34,  The  procedure  before  the  International  Court  includes  two 
distinct  parts :  the  written  pleadings  and  oral  discussions. 

The  written  pleadings  consist  of  the  deposit  and  exchange  of  cases, 
counter-cases,  and,  if  necessary,  of  replies,  of  which  the  order  is  fixed  by 
the  Court,  as  also  the  periods  within  which  they  must  be  delivered.  The 
parties  annex  thereto  all  papers  and  documents  of  which  they  intend  to 
make  use. 

A  certified  copy  of  every  document  produced  by  one  party  must  be 
communicated  to  the  other  party  through  the  medium  of  the  Court. 

Art.  35.  After  the  close  of  the  pleadings,  a  public  sitting  is  held  on  a 
day  fixed  by  the  Court. 

At  this  sitting  the  parties  state  their  view  of  the  case  both  as  to  the 
law  and  as  to  the  facts. 

The  Court  may,  at  any  stage  of  the  proceedings,  suspend  speeches  of 
counsel,  either  at  the  request  of  one  of  the  parties,  or  on  their  own 
initiative,  in  order  that  supplementary  evidence  may  be  obtained. 

Art.  36.  The  International  Court  may  order  the  supplementary  evidence 
to  be  taken  either  in  the  manner  provided  by  Article  27,  or  before  itself, 
or  one  or  more  of  the  members  of  the  Court,  provided  that  this  can  be 
done  without  resort  to  compulsion  or  the  use  of  threats. 

If  steps  are  to  be  taken  for  the  purpose  of  obtaining  evidence  by  mem- 
bers of  the  Court  outside  the  territory  where  it  is  sitting,  the  consent 
of  the  foreign  Government  must  be  obtained. 

Art.  37.  The  parties  are  summoned  to  take  part  in  all  stages  of  the 
proceedings  and  receive  certified  copies  of  the  Minutes. 

Art.  38.  The  discussions  are  under  the  control  of  the  President  or  Vice- 
President,  or,  in  case  they  are  absent  or  cannot  act,  of  the  senior  Judge 
present. 

The  Judge  appointed  by  a  belligerent  party  cannot  preside. 

Art.  39.  The  discussions  take  place  in  public,  subject  to  the  right  of  a 
Government  who  is  a  party  to  the  case  to  demand  that  they  be  held  in 
private. 

Minutes  are  taken  of  these  discussions,  and  signed  by  the  President 
and  Registrar,  and  these  Minutes  alone  have  an  authentic  character. 


343 

Art.  40.  If  a  party  does  not  appear,  despite  the  fact  that  he  has  been 
duly  cited,  or  if  a  party  fail  to  comply  with  some  step  within  the  period 
fixed  by  the  Court,  the  case  proceeds  without  that  party,  and  the  Court 
gives  judgment  in  accordance  with  the  material  at  its  disposal. 

Art.  41.  The  court  officially  notifies  to  the  parties  Decrees  or  decisions 
made  in  their  absence. 

Art.  42.  The  Court  takes  into  consideration  in  arriving  at  its  decision 
all  the  facts,  evidence,  and  oral  statements. 

Art.  43.  The  Court  considers  its  decision  in  private  and  the  proceed- 
ings are  secret. 

All  questions  are  decided  by  a  majority  of  the  Judges  present.  If  the 
number  of  Judges  is  even  and  equally  divided,  the  vote  of  the  Junior 
Judge  in  the  order  of  precedence  laid  down  in  Article  12,  paragraph  i, 
is  not  counted. 

Art  44.  The  judgment  of  the  Court  must  give  the  reasons  on  which 
it  is  based.  It  contains  the  names  of  the  Judges  taking  part,  and  also  the 
Assessors,  if  any;  it  is  signed  by  the  President  and  Registrar. 

Art.  45.  The  sentence  is  pronounced  in  public  sitting,  the  parties  con- 
cerned being  present  or  duly  summoned  to  attend;  the  sentence  is  offi- 
cially communicated  to  the  parties. 

When  the  communication  has  been  made,  the  Court  transmits  to  the 
National  Prize  Court  the  record  of  the  case,  together  with  copies  of  the 
various  decisions  arrived  at  and  of  the  Minutes  of  the  proceedings. 

Art  46.    Each  party  pays  its  own  costs. 

The  party  against  whom  the  Court  decides  bears,  in  addition,  the  costs 
of  the  trial,  and  also  pays  i  per  cent  of  the  value  of  the  subject  matter 
of  the  case,  as  a  contribution  to  the  general  expenses  of  the  International 
Court.  The  amount  of  these  payments  is  fixed  in  the  judgment  of  the 
Court. 

If  the  appeal  is  brought  by  an  individual,  he  will  furnish  the  Inter- 
national Bureau  with  security  to  an  amount  fixed  by  the  Court,  for  the  pur- 
pose of  guaranteeing  eventual  fulfillment  of  the  two  obligations  mentioned 
in  the  preceding  paragraph.  The  Court  is  entitled  to  postpone  the  opening 
of  the  proceedings  until  the  security  has  been  furnished. 

Art.  47.  The  general  expenses  of  the  International  Prize  Court  are  borne 
by  the  Contracting  Powers  in  proportion  to  their  share  in  the  composi- 
tion of  the  Court  as  laid  down  in  Article  15  and  in  the  annexed  Table. 
The  apportionment  of  Deputy  Judges  does  not  involve  any  contribution. 

The  Administrative  Council  applies  to  the  Powers  for  the  funds  requisite 
for  the  working  of  the  Court. 

Art.  48.  When  the  Court  is  not  sitting,  the  duties  conferred  upon  it 
by  Article  32,  Article  34,  paragraphs  2  and  3,  Article  35,  paragraph  I,  and 
Article  46,  paragraph  3,  are  discharged  by  a  delegation  of  three  Judges 
appointed  by  the  Court.  This  delegation  decides  by  a  majority  of  votes. 

Art.  49.  The  Court  itself  draws  up  its  own  rules  of  procedure,  which 
must  be  communicated  to  the  Contracting  Parties. 


344  INTERNATIONAL  RELATIONS 

It  will  meet  to  elaborate  these  rules  within  a  year  of  the  ratification 
of  the  present  Convention. 

Art.  50.  The  Court  may  propose  modifications  in  the  provisions  of  the 
present  Convention  concerning  procedure.  The  proposals  are  communi- 
cated through  the  medium  of  the  Netherland  Government,  to  the  Con- 
tracting Powers,  which  will  consider  together  as  to  the  measures  to  be 
taken. 

Part  IV — Final  Provisions 

Art.  51.  The  present  Convention  does  not  apply  as  of  right  except 
when  the  belligerent  Powers  are  all  parties  to  the  Convention. 

It  is  further  fully  understood  that  an  appeal  to  the  International  Prize 
Court  can  only  be  brought  by  a  Contracting  Power  or  the  subject  or 
citizen  of  a  Contracting  Power. 

In  the  cases  mentioned  in  Article  5,  the  appeal  is  only  admitted  when 
both  the  owner  and  the  person  entitled  to  represent  him  are  equally  Con- 
tracting Powers  or  the  subjects  or  citizens  of  Contracting  Powers. 

Art.  52.  The  present  Convention  shall  be  ratified  and  the  ratifications 
shall  be  deposited  at  The  Hague  as  soon  as  all  the  Powers  mentioned  in 
Article  15  and  in  the  Table  annexed  are  in  a  position  to  do  so. 

The  deposit  of  ratifications  shall  take  place,  in  any  case,  on  the  3Oth 
June,  1909,  if  the  Powers  which  are  ready  to  ratify  furnish  nine  Judges 
and  nine  Deputy  Judges  to  the  Court,  qualified  to  validly  constitute  a 
Court.  If  not,  the  deposit  shall  be  postponed  until  this  condition  is  ful- 
filled. 

A  Minute  of  the  deposit  of  ratifications  shall  be  drawn  up,  of  which  a 
certified  copy  shall  be  forwarded,  through  the  diplomatic  channel,  to  each 
of  the  Powers  referred  to  in  the  first  paragraph. 

Art.  53.  The  Powers  referred  to  in  Article  25  and  in  the  Table  annexed 
are  entitled  to  sign  the  present  Convention  up  to  the  deposit  of  the  ratifica- 
tions contemplated  in  paragraph  2  of  the  preceding  Article. 

After  this  deposit  they  can  at  any  time  adhere  to  it,  purely  and  simply. 
A  Power  wishing  to  adhere,  notifies  its  intention  in  writing  to  the 
Netherland  Government  transmitting  to  it,  at  the  same  time,  the  act  of 
adhesion,  which  shall  be  deposited  in  the  archives  of  the  said  Govern- 
ment. The  latter  shall  send,  through  the  diplomatic  channel,  a  certified 
copy  of  the  notification  and  of  the  act  of  adhesion  to  all  the  Powers  re- 
ferred to  in  the  preceding  paragraph,  informing  them  of  the  date  on  which 
it  has  received  the  notification. 

Art.  54.  The  present  Convention  shall  come  into  force  six  months  from 
the  deposit  of  the  ratifications  contemplated  in  Article  52,  paragraphs 
I  and  2. 

The  adhesions  shall  take  effect  sixty  days  after  notification  of  such  ad- 
hesion has  been  received  by  the  Netherland  Government,  or  as  soon  as 


THE  HAGUE  CONFERENCES  345 

possible  on  the  expiration  of  the  period  contemplated  in  the  preceding 
paragraph. 

The  International  Court  shall,  however,  have  jurisdiction  to  deal  with 
prize  cases  decided  by  the  National  Courts  at  any  time  after  the  deposit 
of  the  ratifications  or  the  receipt  of  the  notification  of  the  adhesions.  In 
such  cases,  the  period  fixed  in  Article  28,  paragraph  2,  shall  only  be 
reckoned  from  the  date  when  the  Convention  comes  into  force  as  regards 
a  Power  which  has  ratified  or  adhered. 

Art.  55.  The  present  Convention  shall  remain  in  force  for  twelve 
years  from  the  time  it  comes  in  force,  as  determined  by  Article  54, 
paragraph  i,  even  in  the  case  of  Powers  which  adhere  subsequently. 

It  shall  be  renewed  tacitly  from  six  years  to  six  years  unless  denounced. 

Denunciation  must  be  notified  in  writing,  at  least  one  year  before  the 
expiration  of  each  of  the  periods  mentioned  in  the  two  preceding  para- 
graphs, to  the  Netherland  Government,  which  will  inform  all  the  other 
Contracting  Powers. 

Denunciation  shall  only  take  effect  in  regard  to  the  Power  which  has 
notified  it.  The  Convention  shall  remain  in  force  in  the  case  of  the  other 
Contracting  Powers,  providing  that  their  participation  in  the  appointment 
of  Judges  is  sufficient  to  allow  of  the  composition  of  the  Court  with  nine 
Judges  and  nine  Deputy  Judges. 

Art.  56.  In  case  the  present  Convention  is  not  in  operation  as  regards 
all  the  Powers  referred  to  in  Article  15  and  the  annexed  Table,  the 
Administrative  Council  shall  draw  up  a  list  on  the  lines  of  that  Article 
and  Table  of  the  Judges  and  Deputy  Judges  through  whom  the  Contract- 
ing Powers  will  share  in  the  composition  of  the  Court.  The  times  allotted 
by  the  said  Table  to  Judges  who  are  summoned  to  sit  in  rota  will  be  re- 
distributed between  the  different  years  of  the  six-year  period  in  such 
a  way  that,  as  far  as  possible,  the  number  of  the  Judges  of  the  Court  in 
each  year  shall  be  the  same.  If  the  number  of  Deputy  Judges  is  greater 
than  that  of  the  Judges,  the  number  of  the  latter  can  be  completed  by 
Deputy  Judges  chosen  by  lot  among  those  Powers  which  do  not  nominate 
a  Judge. 

The  list  drawn  up  in  this  way  by  the  Administrative  Council  shall  be 
notified  to  the  Contracting  Powers.  It  shall  be  revised  when  the  number 
of  these  Powers  is  modified  as  the  result  of  adhesions  or  denunciations. 

The  change  resulting  from  an  adhesion  is  not  made  until  the  ist  Jan- 
uary after  the  date  on  which  the  adhesion  takes  effect,  unless  the  adhering 
Power  is  a  belligerent  Power,  in  which  case  it  can  ask  to  be  at  once  rep- 
resented in  the  Court,  the  provisions  of  Article  16  being,  moreover,  appli- 
cable if  necessary. 

When  the  total  number  of  Judges  is  less  than  eleven,  seven  Judges 
form  a  quorum. 

Art.  57.  Two  years  from  the  expiration  of  each  period  referred  to  in 
paragraphs  i  and  2  of  Article  15  any  Contracting  Power  can  demand  a 
modification  of  the  provisions  of  Article  15  and  of  the  annexed  Table. 


346 


INTERNATIONAL  RELATIONS 


relative  to  its  participation  in  the  composition  of  the  Court.  The  demand 
shall  be  addressed  to  the  Administrative  Council,  which  will  examine  it 
and  submit  to  all  the  Powers  proposals  as  to  the  measures  to  be  adopted. 
The  Powers  will  inform  the  Administrative  Council  of  their  decision  with 
the  least  possible  delay.  The  result  shall  be  at  once,  and  at  least  one  year 
and  thirty  days  before  the  expiration  of  the  said  period  of  two  years, 
communicated  to  the  Power  which  made  the  demand. 

When  necessary,  the  modifications  adopted  by  the  Powers  shall  come 
into  force  from  the  commencement  of  the  fresh  period. 

In  faith  whereof  the  Plenipotentiaries  have  appended  their  signatures 
to  the  present  Convention. 

Done  at  The  Hague,  the  i8th  October,  1907,  in  a  single  copy,  which  shall 
remain  deposited  in  the  archives  of  the  Netherland  Government,  and  duly 
certified  copies  of  which  shall  be  sent,  through  the  diplomatic  channel,  to 
the  Powers  designated  in  Article  15  and  in  the  Table  annexed. 

Annex  to  Article  15 

Distribution  of  Judges  and  Deputy  Judges  by  Countries  for  each  Year 
of  the  period  of  Six  Years 

Judges  Deputy  Judges 

Second   Year 

Argentina  Panama 

Spain  Spain 

Greece  Roumania 

Norway  Sweden 

Netherlands  Belgium 


Judges 

Deputy  Judges 

First 

Year 

i     Argentina 

Paraguay 

2    Colombia 

Bolivia 

3    Spain 

Spain 

4    Greece 

Roumania 

5    Norway 

Sweden 

6    Netherlands 

Belgium 

7    Turkey 

Persia 

Third 

Year 

I     Brazil 

Santo  Domingo 

2    China 

Turkey 

3     Spain 

Portugal 

4    Netherlands 

Switzerland 

5     Roumania 

Greece 

6    Sweden 

Denmark 

7    Venezuela 

Haiti 

Fourth  Year 

I     Brazil 

Guatemala 

2    China 

Turkey 

3    Spain 

Portugal 

4    Peru 

Honduras 

5    Roumania 

Greece 

6    Sweden 

Denmark 

7    Switzerland 

Netherlands 

Turkey 
Uruguay 


Luxemburg 
Costa  Rica 


Fifth    Year 


Belgium 

Bulgaria 

Chile 

Denmark 

Mexico 

Persia 

Portugal 


Netherlands 

Montenegro 

Nicaragua 

Norway 

Cuba 

China 

Spain 


Sixth    Year 


Belgium 

Chile 

Denmark 

Mexico 

Portugal 

Servia 

Siam 


Netherlands 

Salvador 

Norway 

Ecuador 

Spain 

Bulgaria 

China 


THE  HAGUE  CONFERENCES  347 

In  Executive  Session,  Senate  of  the  United  States. 

Resolved  (two-thirds  of  the  Senators  present  concurring  therein),  That 
the  Senate  advise  and  consent  to  the  ratification  of  the  convention  for  an 
international  prize  court  signed  at  The  Hague  on  the  i8th  day  of  Octo- 
ber, 1907,  and  at  the  same  time  to  the  ratification,  as  forming  an  integral 
part  of  the  said  convention,  of  the  protocol  thereto,  signed  at  The  Hague 
on  the  ipth  day  of  September,  1910,  and  transmitted  to  the  Senate  by 
the  President  on  the  2d  of  February,  1911 :  Provided,  That  it  is  the 
understanding  of  the  Senate  and  is  a  condition  of  its  consent  and  advice 
that  in  the  instrument  of  ratification  the  United  States  of  America  shall 
declare  that  in  prize  cases  recourse  to  the  International  Court  of  Prize  can 
only  be  exercised  against  it  in  the  form  of  an  action  in  damages  for  the 
injuries  caused  by  the  capture. 

Additional  Protocol  to  the  Convention  Relative  to  the  Establishment 
of  an  International  Court  of  Prize 

Article  I.  The  powers  signatory  or  adhering  to  The  Hague  Convention 
of  October  18,  1907,  relative  to  the  establishment  of  an  international  court 
of  prize,  which  are  prevented  by  difficulties  of  a  constitutional  nature 
from  accepting  the  said  convention  in  its  present  form,  have  the  right  to 
declare  in  the  instrument  of  ratification  or  adherence  that  in  prize  cases, 
wherefore  their  national  courts  have  jurisdiction,  recourse  to  the  interna- 
tional court  of  prize  can  only  be  exercised  against  it  in  the  form  of  an 
action  in  damages  for  the  injuries  caused  by  the  capture. 

Art.  2.  .In  the  case  of  recourse  to  the  international  court  of  prize,  in 
the  form  of  an  action  for  damages,  Article  8  of  the  convention  is  not 
applicable ;  it  is  not  for  the  court  to  pass  upon  the  validity  or  the  nullity 
of  the  capture,  nor  to  reverse  or  affirm  the  decision  of  national  tribunals. 

If  the  capture  is  considered  illegal,  the  court  determines  the  amount 
of  damages  to  be  allowed,  if  any,  to  the  claimants. 

Art.  3.  The  conditions  to  which  recourse  to  the  international  court  of 
prize  is  subject  by  the  convention  are  applicable  to  the  action  in  damages. 

Art.  4.  Under  reserve  of  the  provisions  hereinafter  stated  the  rules  of 
procedure  established  by  the  convention  for  recourse  to  the  international 
court  of  prize  shall  be  observed  in  the  action  in  damages. 

Art.  5.  In  derogation  of  Article  28,  paragraph  I,  of  the  convention,  the 
suit  for  damages  can  only  be  brought  before  the  international  prize  court 
by  means  of  a  written  declaration  addressed  to  the  International  Bureau 
of  the  Permenent  Court  of  Arbitration ;  the  case  may  even  be  brought 
before  the  Bureau  by  telegram. 

Art.  6.  In  derogation  of  article  29  of  the  convention  the  International 
Bureau  shall  notify  directly,  and  if  possible  by  telegram,  the  Government 
of  the  belligerent  captor  of  the  declaration  of  action  brought  before  it. 

The  Government  of  the  belligerent  captor,  without  considering  whether 


348  INTERNATIONAL  RELATIONS 

the  prescribed  periods  of  time  have  been  observed,  shall,  within  seven 
days  of  the  receipt  of  the  notification,  transmit  to  the  international  bu- 
reau the  case,  appending  thereto  a  certified  copy  of  the  decision,  if  any, 
rendered  by  the  national  tribunal. 

Art.  7.  In  derogation  of  Article  45,  paragraph  2,  of  the  Convention 
the  court  rendering  its  decision  and  notifying  it  to  the  parties  to  the 
suit  shall  send  directly  to  the  Government  of  the  belligerent  captor  the 
record  of  the  case  submitted  to  it,  appending  thereto  a  copy  of  the  various 
intervening  decisions  as  well  as  a  copy  of  the  minutes  of  the  preliminary 
proceedings. 

Art.  8.  The  present  additional  protocol  shall  be  considered  as  forming 
an  integral  part  of  and  shall  be  ratified  at  the  same  time  as  the  original 
Convention. 

If  the  declaration  provided  for  in  Article  I  herein  above  is  made  in  the 
instrument  of  the  ratification,  a  certified  copy  thereof  shall  be  inserted 
in  the  proces  verbal  of  the  deposit  of  ratifications  referred  to  in  Article 
52,  paragraph  3,  of  the  Convention. 

Art.  9.  Adherence  to  the  convention  is  subordinated  to  adherence  to  the 
present  additional  protocol. 

In  faith  of  which  the  plenipotentiaries  have  affixed  their  signatures  to 
the  present  additional  protocol. 

Done  at  The  Hague  on  the  igth  day  of  September,  1910,  in  a  single 
copy,  which  shall  remain  deposited  in  the  archives  of  the  Government  of 
the  Netherlands  and  of  which  duly  certified  copies  shall  be  forwarded 
through  the  diplomatic  channels  to  the  powers  designated  in  Article 
15  of  the  convention  relative  to  the  establishment  of  an  international  court 
of  prize  of  October  18,  1907,  and  in  its  appendix. 

(Signatures.)47 

Under  the  terms  of  this  Convention  jurisdiction  in  matters 
of  prize  is  exercised  in  the  first  instance  by  the  Courts  of  the 
captor.  These  judgments  may  then  be  brought  before  the 
International  Prize  Court  when  they  affect  a  Neutral  Power 
or  individual  and  when  they  affect  enemy  property  on  a  neutral 
ship,  an  enemy  ship  captured  in  neutral  waters,  or  the  seizure 
is  claimed  to  have  been  made  in  violation  of  a  Convention 
between  the  belligerents  or  an  enactment  of  the  captor.  Pro- 
vision is  made  for  the  constitution  of  the  Court  and  for  pro- 
cedure in  it  but  it  has  not  yet  been  formed.  In  Article  7  it  is 
provided : 

"If  a  question  of  law  to  be  decided  is  covered  by  a  Treaty  in  force 
47  Senate  Documents,  3d  Session  62d  Congress,  10,  248  to  264, 


349 

between  the  belligerent  captor  and  a  Power  which  is  itself  or  whose 
subject  or  citizen  is  a  party  to  the  proceedings,  the  Court  is  governed 
by  the  provisions  of  the  said  Treaty. 

In  the  absence  of  such  provisions,  the  Court  shall  apply  the  rules  of 
international  law.  If  no  generally  recognized  rule  exists,  the  Court 
shall  give  judgment  in  accordance  with  the  general  principles  of  justice 
and  equity." 

The  last  paragraph  above  quoted  recognizes  that  there  are 
cases  as  to  which  no  generally  recognized  rule  of  international 
law  exists.  In  such  cases  it  is  left  to  the  Court  to  determine 
what  are  "the  general  principles  of  justice  and  equity"  in 
cases  in  which,  in  the  nature  of  things,  if  the  right  to  take 
prizes  is  recognized,  there  can  be  no  such  thing  as  justice  and 
equity.  Though  this  article  was  proposed  to  the  Hague  Con- 
ference by  the  British  delegation  it  was  so  unsatisfactory  to 
the  British  Government  that  a  Conference  of  the  Powers  was 
called  by  it  to  meet  at  London  in  1908.  In  his  instructions 
to  the  delegates  of  the  United  States  to  this  Conference  Sec- 
retary Root  said: 

"The  absence  of  a  general  agreement  upon  the  rules  of  international 
law  is  recognized  in  the  concluding  sentence  of  the  paragraph  under  con- 
sideration, which  provides  that  "if  no  generally  recognized  rule  exists,  the 
court  shall  give  judgment  in  accordance  with  the  general  principles  of 
justice  and  equity."  This  provision  of  the  article  has  given  rise  to  great 
discussion  and  dissatisfaction,  because  wide  divergence  of  view  exists  as 
to  the  law  property  applicable  in  such  case.  For  example :  In  Anglo- 
American  jurisprudence  the  laws  of  contraband  and  blockade  constitute 
a  system  recognized  generally  as  the  Anglo-American  system,  whereas 
the  laws  of  contraband  and  blockade  definitely  understood  on  the  Con- 
tinent are  applied  in  the  Continental  as  distinguished  from  the  Anglo- 
American  sense.  As,  therefore,  it  cannot  be  said  that  there  is  any  general 
rule  regulating  the  subject,  as  the  partisans  of  each  system  judge  and 
determine  for  themselves  each  case  as  it  arises,  it  necessarily  follows 
that  the  court  would  be  obliged  to  determine  which  system  is  considered 
as  more  conformable,  with  the  general  principles  of  justice  and  equity." 

In  its  note  of  March  27,  1908,  inviting  a  conference,  the  British  Govern- 
ment stated  that: 

"The  discussions  which  took  place  at  The  Hague  during  the  recent 
conference  showed  that  on  various  questions  connected  with  maritime 
war  divergent  views  and  practices  prevailed  among  the  nations  of  the 
world.  Upon  some  of  these  subjects  an  agreement  was  reached,  but  on 
others  it  was  not  found  possible,  within  the  period  for  which  the  con- 


350  INTERNATIONAL  RELATIONS 

ference  assembled,  to  arrive  at  an  understanding.  The  impression  was 
gained  that  the  establishment  of  the  international  prize  court  would  not 
meet  with  general  acceptance  so  long  as  vagueness  and  uncertainty  exist 
as  to  the  principles  which  the  court,  in  dealing  with  appeals  brought  before 
it,  would  apply  to  questions  of  far-reaching  importance  affecting  naval 
policy  and  practice. 

The  subjects  upon  which  an  agreement  was  considered  indispensable 
by  the  British  Government  in  order  to  enable  the  international  prize 
court  to  perform  the  high  services  expected  of  this  establishment  were  the 
following : 

(a)  Contraband,   including  the   circumstances   under  which  particular 
articles  can  be  considered  as  contraband ;  the  penalties  for  their  carriage ; 
the  immunity  of  a  ship  from  search  when  under  convoy;  and  the  rules 
with  regard  to  compensation  where  vessels  have  been  seized,  but  have 
been  found  in  fact  only  to  be  carrying  innocent  cargo. 

(b)  Blockade,  including  the  questions  as  to  the  locality  where  seizure 
can  be  effected,  and  the  notice  that  is  necessary  before  a  ship  can  be 
seized. 

(c)  The  doctrine  of  continuous  voyage  in  respect  both  of  contraband 
and  of  blockade. 

(d)  The  legality  of  the  destruction  of  neutral  vessels  prior  to  their 
condemnation  by  a  prize  court. 

(e)  The   rules   as   to   neutral   ships   or   persons   rendering   "unneutral 
service"   ("assistance  hostile"). 

(f)  The  legality  of  conversion  of  a  merchant  vessel  into  a  warship  on 
the  high  seas. 

(g)  The  rules  as  to  the  transfer  of  a  merchant  vessel   from  a  bel- 
ligerent to  a  neutral  flag  during  or  in  contemplation  of  hostilities. 

(h)  The  question  whether  the  nationality  or  domicile  of  the  owner 
should  be  adopted  as  the  dominant  factor  in  deciding  whether  property 
is  enemy  property." 

The  importance  attached  by  the  British  Government  to  an 
agreement  upon  these  various  subjects  enumerated  in  the  pro- 
gram is  evidenced  by  the  fact  that  is  is  stated  in  the  British 
note  that  "it  would  be  difficult,  if  not  impossible,  for  His 
Majesty's  Government  to  carry  the  legislation  necessary  to  give 
effect  to  the  convention  unless  they  could  assure  both  Houses 
of  the  British  Parliament  that  some  more  definite  understand- 
ing had  been  reached  as  to  rules  by  which  the  new  tribunal 
should  be  governed." 

To  provide  for  this  difficulty  a  conference  was  held  at  Lon- 
don by  Representatives  of  Germany,  United  States,  Austria- 
Hungary,  France,  Great  Britain  and  the  Netherlands  and  the 


THE  HAGUE  CONFERENCES  351 

Declaration  Concerning  the  Laws  of  Naval  Warfare  was 
agreed  upon  and  signed  by  them  on  the  26th  February,  1909, 
and  afterward  by  Spain,  Italy,  Russia  and  Japan.  This  De- 
claration is  an  expression  of  the  views  of  all  the  leading 
maritime  nations  as  to  the  rules  which  should  prevail  and 
thereby  becomes  the  international  law  on  the  subject,  if  such 
law  exists.  It  is  given  above  in  full.8 

FINAL  ACT  OF  THE  SECOND  INTERNATIONAL  PEACE  CONFERENCE 

The  Second  International  Peace  Conference,  proposed  in  the  first 
instance  by  the  President  of  the  United  States  of  America,  having  been 
convoked,  on  the  invitation  of  His  Majesty  the  Emperor  of  all  the 
Russias,  by  Her  Majesty  the  Queen  of  the  Netherlands,  assembled  on  the 
I5th  June,  1907,  at  the  Hague,  in  the  Hall  of  the  Knights,  for  the  purpose 
of  giving  a  fresh  development  to  the  humanitarian  principles  which  served 
as  a  basis  for  the  work  of  the  First  Conference  of  1899. 

The  following  Powers  took  part  in  the  Conference,  and  appointed  the 
Delegates  named  below : 

(Here  follows  a  list  of  the  countries  represented  and  the  names  of 
their  respective  Plenipotentiaries). 

At  a  series  of  meetings,  held  from  the  isth  June  to  the  i8th  October, 
1907,  in  which  the  above  delegates  were  throughout  animated  by  the  desire 
to  realize,  in  the  fullest  possible  measure,  the  generous  views  of  the 
august  initiator  of  the  Conference  and  the  intentions  of  their  Govern- 
ments, the  Conference  drew  up  for  submission  for  signature  by  the 
Plenipotentiaries,  the  text  of  the  Conventions  and  of  the  Declaration 
enumerated  below  and  annexed  to  the  present  Act : 

1.  Convention  for  the  Pacific  Settlement  of  International  Disputes. 

2.  Convention  respecting  the  Limitation  of  the  Employment  of  Force 
for  the  Recovery  of  Contract  Debts. 

3.  Convention  relative  to  the  Opening  of  Hostilities. 

4.  Convention  respecting  the  Laws  and  Customs  of  War  on  Land. 

5.  Convention  respecting  the   Rights   and   Duties   of   Neutral   Powers 
and  Persons  in  case  of  War  on  Land. 

6.  Convention  relative  to  the  Status  of  Enemy  Merchant-ships  at  the 
Outbreak  of  Hostilities. 

7.  Convention  relative  to  the  Conversion  of  Merchant-ships  into  War- 
ships. 

8.  Convention  relative  to  the  Laying  of  Automatic  Submarine  Contact 
Mines. 

9.  Convention  respecting  Bombardment  by  Naval  Forces  in  time  of 
War. 

10.  Convention  for  the  Adaptation  to  Naval  War  of  the  Principles  of 
the  Geneva  Convention. 

a  Supra,  p.  327. 


352  INTERNATIONAL  RELATIONS 

11.  Convention  relative  to  certain  Restrictions  with  regard  to  the  Exer- 
cise of  the  Right  of  Capture  in  Naval  War. 

12.  Convention  relative  to  the  creation  of  an  International  Prize  Court. 

13.  Convention  concerning  the  Rights  and  Duties  of  Neutral  Powers 
in  Naval  War. 

14.  Declaration  prohibiting  the  discharge  of  Projectiles  and  Explosives 
from  Balloons. 

These  Conventions  and  Declarations  shall  form  so  many  separate  Acts. 
These  Acts  shall  be  dated  this  day,  and  may  be  signed  up  to  the  3Oth  June, 
1908,  at  The  Hague,  by  the  Plenipotentiaries  of  the  Powers  represented  at 
Second  Peace  Conference. 

The  Conference,  actuated  by  the  spirit  of  mutual  agreement  and  con- 
cession characterizing  its  deliberations,  has  agreed  upon  the  following 
Declaration,  which,  while  reserving  to  each  of  the  Powers  represented 
full  liberty  of  action  as  regards  voting,  enables  them  to  affirm  the  prin- 
ciples which  they  regard  as  unanimously  admitted : 

It  is  unanimous — 

1.  In  admitting  the  principle   of  compulsory  arbitration. 

2.  In  declaring  that  certain  disputes,  in  particular  those  relating  to  the 
interpretation  and  application  of  the  provisions  of   International  Agree- 
ments, may  be  submitted  to  compulsory  arbitration  without  any  restric- 
tion. 

Finally,  it  is  unanimous  in  proclaiming  that,  although  it  has  not  yet 
been  found  feasible  to  conclude  a  Convention  in  this  sense,  nevertheless 
the  divergencies  of  opinion  which  have  come  to  light  have  not  exceeded 
the  bounds  of  judicial  controversy,  and  that,  by  working  together  here 
during  the  past  four  months,  the  collected  Powers  not  only  have  learnt 
to  understand  one  another  and  to  draw  closer  together,  but  have  suc- 
ceeded in  the  course  of  this  long  collaboration  in  evolving  a  very  lofty 
conception  of  the  common  welfare  of  humanity. 

The  Conference  has  further  unanimously  adopted  the  following 
Resolution : 

The  Second  Peace  Conference  confirms  the  resolution  adopted  by  the 
Conference  of  1899  in  regard  to  the  limitation  of  military  expenditure ; 
and  inasmuch  as  military  expenditure  has  considerably  increased  in  almost 
every  country  since  that  time,  the  Conference  declares  that  it  is  eminently 
desirable  that  the  Governments  should  resume  the  serious  examination  of 
this  question. 

It  has  besides  expressed  the   following  opinions : 

1.  The  Conference  calls  the  attention  of  the  Signatory  Powers  to  the 
advisability  of  adopting  the  annexed  draft  Convention  for  the  creation  of 
a  Judicial  Arbitration  Court,  and  of  bringing  it  into  force  as  soon  as  an 
agreement  has  been  reached  respecting  the  selection  of  the  Judges  and 
the  constitution  of  the  Court. 

2.  The  Conference  expresses  the  opinion  that,  in  case  of  war,  the  re- 
sponsible authorities,  civil  as  well  as  military,  should  make  it  their  special 


THE  HAGUE  CONFERENCES  353 

duty  to  ensure  and  safeguard  the  maintenance  of  pacific  relations,  more 
especially  of  the  commercial  and  industrial  relations  between  the  in- 
habitants of  the  belligerent  States  and  neutral  countries. 

3.  The  Conference  expresses  the  opinion  that  the  Powers  should  reg- 
ulate,  by  special  Treaties,  the  position,  as   regards  military  charges,  of 
foreigners   residing  within  their  territories. 

4.  The    Conference    expresses    the    opinion    that    the    preparation    of 
regulations  relative  to  the  laws  and  customs  of  naval  war  should  figure 
in  the  programme  of  the  next  Conference,  and  that  in  any  case  the  Powers 
may  apply,  so  far  as  possible,  to  war  by  sea  the  principles  of  the  Con- 
vention relative  to  the  Laws  and  Customs  of  War  on  land. 

Finally,  the  Conference  recommends  to  the  Powers  the  assembly  of  a 
Third  Peace  Conference,  which  might  be  held  within  a  period  corres- 
ponding to  that  which  has  elapsed  since  the  preceding  Conference,  at  a 
date  to  be  fixed  by  common  agreement  between  the  Powers,  and  it  calls 
their  attention  to  the  necessity  of  preparing  the  programme  of  this 
third  Conference  a  sufficient  time  in  advance  to  ensure  its  deliberations 
being  conducted  with  the  necessary  authority  and  expedition. 

In  order  to  attain  this  object  the  Conference  considers  that  it  would 
be  very  desirable  that,  some  two  years  before  the  probable  date  of  the 
meeting,  a  preparatory  Committee  should  be  charged  by  the  Governmtnts 
with  the  task  of  collecting  the  various  proposals  to  be  submitted  to  the 
Conference,  of  ascertaining  what  subjects  are  ripe  for  embodiment  in  an 
International  Regulation,  and  of  proposing  a  programme  which  the  Gov- 
ernments should  decide  upon  in  sufficient  time  to  enable  it  to  be  carefully 
examined  by  the  countries  interested.  This  Committee  should  further 
be  intrusted  with  the  task  of  proposing  a  system  of  organization  and 
procedure  for  the  Conference  itself. 

In  faith  whereof  the  Plenipotentiaries  have  signed  the  present  Act  and 
have  affixed  their  seals  thereto. 

Done  at  the  Hague,  the  i8th  October,  1907,  in  a  single  copy,  which  shall 
remain  deposited  in  the  archives  of  the  Netherlands  Government,  and 
duly  certified  copies  of  which  shall  be  sent  to  all  the  Powers  represented 
at  the  Conference.48 

INTERNATIONAL  RED  CROSS  CONVENTION 

A  second  "Convention  for  the  Amelioration  of  the  Condi- 
tion of  the  Wounded  in  Armies  in  the  Field"  was  signed  at 
Geneva,  July  6,  1906,  by  the  plenipotentiaries  of  the  United 
States,  Germany,  Argentine  Republic,  Austria-Hungary,  Bel- 
gium, Bulgaria,  Chile,  China,  Congo  Free  State,  Denmark, 
Spain,  Brazil,  Mexico,  France,  Great  Britain,  Greece,  Guate- 

48  Senate  Documents,  2d  Session  6ist  Congress,  48,  2369. 


354  INTERNATIONAL  RELATIONS 

mala,  Honduras,  Italy,  Japan,  Luxemburg,  Montenegro,  Nor- 
way, the  Netherlands,  Peru,  Persia,  Portugal,  Roumania, 
Russia,  Servia,  Siam,  Sweden,  Switzerland,  and  Uruguay.  It 
was  ratified  by  the  United  States  and  proclaimed  by  the 
President  August  3,  1907,  and  is  as  follows: 

Article  i.  Officers,  soldiers  and  other  persons  officially  attached  to 
armies,  who  are  sick  or  wounded,  shall  be  respected  and  cared  for,  with- 
out distinction  of  nationality,  by  the  belligerent  in  whose  power  they  are. 

A  belligerent,  however,  when  compelled  to  leave  his  wounded  in  the 
hands  of  his  adversary,  shall  leave  with  them,  so  far  as  military  opera- 
tions permit,  a  portion  of  the  personnel  and  materiel  of  his  sanitary 
service  to  assist  in  caring  for  them. 

Art.  2.  Subject  to  the  care  that  must  be  taken  of  them  under  the  pre- 
ceding article,  the  sick  and  wounded  of  an  army  who  fall  into  the  power 
of  the  other  belligerent,  become  prisoners  of  war,  and  the  general  rules 
of  international  law  in  respect  to  prisoners  become  applicable  to  them. 

The  belligerents  remain  free,  however,  to  mutually  agree  upon  such 
clauses,  by  way  of  exception  or  favor,  in  relation  to  the  wounded  or 
sick  as  they  may  deem  proper.  They  shall  especially  have  authority  to 
agree : 

1.  To  mutually  return  the  sick  and  wounded  left  on  the  field  of  battle 
after  an  engagement. 

2.  To  send  back  to  their  own  country  the  sick  and  wounded  who  have 
recovered,  or  who  are  in  a  condition  to  be  transported  and  whom  they  do 
not  desire  to  retain  as  prisoners. 

3.  To  send  the  sick  and  wounded  of  the  enemy  to  a  neutral  state, 
with  the  consent  of  the  latter  and  on  condition  that  it  shall  charge  itself 
with  their  internment  until  the  close  of  hostilities. 

Art.  3.  After  every  engagement  the  belligerent  who  remains  in  pos- 
session of  the  field  of  battle  shall  take  measures  to  search  for  the  wounded 
and  to  protect  the  wounded  and  dead  from  robbery  and  ill  treatment. 

He  will  see  that  a  careful  examination  is  made  of  the  bodies  of  the 
dead  prior  to  their  interment  or  incineration. 

Art.  4.  As  soon  as  possible  each  belligerent  shall  forward  to  the  au- 
thorities of  their  country  or  army  the  marks  or  military  papers  of  iden- 
tification found  upon  the  bodies  of  the  dead,  together  with  a  list  of  names 
of  the  sick  and  wounded  taken  in  charge  by  him. 

Belligerents  will  keep  each  other  mutually  advised  of  internments  and 
transfers,  together  with  admissions  to  hospitals  and  deaths  which  occur 
among  the  sick  and  wounded  in  their  hands.  They  will  collect  all  objects 
of  personal  use,  valuables,  letters,  etc.,  which  are  found  upon  the  field  of 
battle,  or  have  been  left  by  the  sick  or  wounded  who  have  died  in  sanitary 
formations  or  other  establishments,  for  transmission  to  persons  in  interest 
through  the  authorities  of  their  own  country. 


THE  HAGUE  CONFERENCES  355 

Art.  5.  Military  authorities  may  make  an  appeal  to  the  charitable  zeal 
of  the  inhabitants  to  receive  and,  under  its  supervision,  to  care  for  the 
sick  and  wounded  of  the  armies,  granting  to  persons  responding  to  such 
appeals  special  protection  and  certain  immunities. 

Chapter  II — Sanitary  formations  and  establishments 

Art.  6.  Mobile  sanitary  formations  (i.e.  those  which  are  intended  to 
accompany  armies  in  the  field)  and  the  fixed  establishments  belonging  to 
the  sanitary  service  shall  be  protected  and  respected  by  belligerents. 

Art.  7.  The  protection  due  to  sanitary  formations  and  establishments 
ceases  if  they  are  used  to  commit  acts  injurious  to  the  enemy. 

Art.  8.  A  sanitary  formation  or  establishment  shall  not  be  deprived  of 
the  protection  accorded  by  article  6  by  the  fact: 

1.  That  the  personnel  of  a  formation  or  establishment  is  armed  and 
uses  its  arms  in  self-defense  or  in  defense  of  its  sick  and  wounded. 

2.  That  in  the  absence  of  armed  hospital  attendants,  the  formation  is 
guarded  by  an  armed  detachment  or  by  sentinels  acting  under  competent 
orders. 

3.  That  arms   or   cartridges,   taken    from   the   wounded   and   not  yet 
turned  over  to  the  proper  authorities,  are  found  in  the  formation  or  es- 
tablishment. 

Chapter  III — Personnel 

Art.  9.  The  personnel  charged  exclusively  with  the  removal,  trans- 
portation, and  treatment  of  the  sick  and  wounded,  as  well  as  with  the 
administration  of  sanitary  formations  and  establishments,  and  the  chap- 
plains  attached  to  armies,  shall  be  respected  and  protected  under  all  cir- 
cumstances. If  they  fall  into  the  hands  of  the  enemy  they  shall  not  be 
considered  as  prisoners  of  war. 

These  provisions  apply  to  the  guards  of  sanitary  formations  and  estab- 
lishments in  the  cases  provided  for  in  section  2  of  article  8. 

Art.  10.  The  personnel  of  volunteer  aid  societies,  duly  recognized  and 
authorized  by  their  governments,  who  are  employed  in  the  sanitary 
formations  and  establishments  of  armies,  are  assimilated  to  the  personnel 
contemplated  in  the  preceding  article,  upon  condition  that  the  said  per- 
sonnel shall  be  subject  to  military  law  and  regulations. 

Each  state  shall  make  known  to  the  other,  either  in  time  of  peace  or 
at  the  opening,  or  during  the  progress  of  hostilities,  and  in  any  case  before 
actual  employment,  the  names  of  the  societies  which  it  has  authorized  to 
render  assistance,  under  its  responsibility,  in  the  official  sanitary  service  of 
its  armies. 

Art.  u.  A  recognized  society  of  a  neutral  state  can  only  lend  the  ser- 
vices of  its  sanitary  personnel  and  formations  to  a  belligerent  with  the 
prior  consent  of  its  own  government  and  the  authority  of  such  belligerent. 


356  INTERNATIONAL  RELATIONS 

The  belligerent  who  has  accepted  such  assistance  is  required  to  notify  the 
enemy  before  making  any  use  thereof. 

Art.  12.  Persons  described  in  articles  9,  10,  and  n  will  continue  in  the 
exercise  of  their  functions,  under  the  direction  of  the  enemy,  after  they 
have  fallen  into  his  power. 

When  their  assistance  is  no  longer  indispensable  they  will  be  sent  back 
to  their  army  or  country,  within  such  period  and  by  such  route  as  may 
accord  with  military  necessity.  They  will  carry  with  them  such  effects, 
instruments,  arms,  and  horses  as  are  their  private  property. 

Art.  13.  While  they  remain  in  his  power,  the  enemy  will  secure  to  the 
personnel  mentioned  in  article  9  the  same  pay  and  allowances  to  which 
persons  of  the  same  grade  in  his  own  army  are  entitled. 

Chapter  IV — Materiel 

Art.  14.  If  mobile  sanitary  formations  fall  into  the  power  of  the  enemy, 
they  shall  retain  their  materiel  including  the  teams,  whatever  may  be  the 
means  of  transportation  and  the  conducting  personnel.  Competent  mili- 
tary authority,  however,  shall  have  the  right  to  employ  it  in  caring  for 
the  sick  and  wounded.  The  restitution  of  the  materiel  shall  take  place 
in  accordance  with  the  conditions  for  sanitary  personnel,  and,  as  far  as 
possible,  at  the  same  time. 

Art.  15.  Buildings  and  materiel  pertaining  to  fixed  establishments  shall 
remain  subject  to  the  laws  of  war,  but  cannot  be  diverted  from  their  use 
so  long  as  they  are  necessary  for  the  sick  and  wounded.  Commanders 
of  troops  engaged  in  operations,  however,  may  use  them,  in  case  of 
important  military  necessity,  if,  before  such  use,  the  sick  and  wounded 
who  are  in  them  have  been  provided  for. 

Art.  16.  The  materiel  of  aid  societies  admitted  to  the  benefits  of  this 
convention,  in  conformity  to  the  conditions  therein  established,  is  regarded 
as  private  property  and,  as  such,  will  be  respected  under  all  circumstances, 
save  that  it  is  subject  to  the  recognized  right  of  requisition  by  belligerents 
in  conformity  to  the  laws  and  usages  of  war. 

Chapter  V — Convoys  of  evacuation 

Art.  17.  Convoys  of  evacution  shall  be  treated  as  mobile  sanitary 
formations  subject  to  the  following  special  provisions: 

1.  A  belligerent  intercepting  a  convoy  may,    if   required   by   military 
necessity,  break  up  such  convoy,  charging  himself  with  the  care  of  the 
sick  and  wounded  whom  it  contains. 

2.  In  this  case  the  obligation  to  return  the  sanitary  personnel,  as  pro- 
vided for  in  article  12,  shall  be  extended  to  include  the  entire  military 
personnel  employed,  under  competent  orders,  in  the  transportation  and 
protection  of  the  convoy. 

The  obligation  to  return  the  sanitary  materiel,  as  provided  for  in  Article 


THE  HAGUE  CONFERENCES  357 

14,  shall  apply  to  railway  trains  and  vessels  intended  for  interior  navigation 
which  have  been  especially  equipped  for  evacuation  purposes,  as  well  as 
to  the  ordinary  vehicles,  trains,  and  vessels  which  belong  to  the  sanitary 
service. 

Military  vehicles,  with  their  teams,  other  than  those  belonging  to  the 
sanitary  service,  may  be  captured. 

The  civil  personnel  and  the  various  means  of  transportation  obtained  by 
requisition,  including  railway  material  and  vessels  utilized  for  convoys, 
are  subject  to  the  general  rules  of  international  law. 

Chapter  VI — Distinctive  emblems 

Art.  18.  Out  of  respect  to  Switzerland  the  heraldic  emblem  of  the 
red  cross  on  a  white  ground,  formed  by^  the  reversal  of  the  federal  colors, 
is  continued  as  the  emblem  and  distinctive  sign  of  the  sanitary  service 
of  armies. 

Art.  19.  This  emblem  appears  on  the  flags  and  brassards  as  well  as 
upon  all  materiel  appertaining  to  the  sanitary  service,  with  the  permission 
of  the  competent  military  authority. 

Art.  20.  The  personnel  protected  in  virtue  of  the  first  paragraph  of 
Article  9,  and  articles  io  and  n,  will  wear  attached  to  the  left  arm  a 
brassard  bearing  a  red  cross  on  a  white  ground,  which  will  be  issued  and 
stamped  by  competent  military  authority,  and  accompanied  by  a  certificate 
of  identity  in  the  case  of  persons  attached  to  the  sanitary  service  of  armies 
who  do  not  have  military  uniform. 

Art.  21.  The  distinctive  flag  of  the  convention  can  only  be  displayed 
over  the  sanitary  formations  and  establishments  which  the  convention 
provides  shall  be  respected,  and  with  the  consent  of  the  military  authorities*. 
It  shall  be  accompanied  by  the  national  flag  of  the  belligerents  to  whose 
service  the  formation  or  establishment  is  attached. 

Sanitary  formations  which  have  fallen  into  the  power  of  the  enemy, 
however,  shall  fly  no  other  flag  than  that  of  the  Red  Cross  so  long  as 
they  continue  in  that  situation. 

Art.  22.  The  sanitary  formations  of  neutral  countries  which,  under  the 
conditions  set  forth  in  article  II,  have  been  authorized  to  render  their  ser- 
vices, shall  fly,  with  the  flag  of  the  convention,  the  national  flag  of  the 
belligerent  to  which  they  are  attached.  The  provisions  of  the  second 
paragraph  of  the  preceding  article  are  applicable  to  them. 

Art.  23.  The  emblem  of  the  red  cross  on  a  white  ground  and  the  words 
Red  Cross  or  Geneva  Cross  may  only  be  used,  whether  in  time  of  peace  or 
war,  to  protect  or  designate  sanitary  formations  and  establishments,  the 
personnel  and  materiel  protected  by  the  convention. 

Chapter  VII — Application  and  execution  of  the  convention 

Art.  24.  The  provisions  of  the  present  convention  are  obligatory  only 
on  the  contracting  powers,  in  case  of  war  between  two  or  more  of  them. 


358  INTERNATIONAL  RELATIONS 

The  said  provisions  shall  cease  to  be  obligatory  if  one  of  the  belligerent 
powers  should  not  be  signatory  to  the  convention. 

Art.  25.  It  shall  be  the  duties  of  the  commanders  in  chief  of  the  bel- 
ligerent armies  to  provide  for  the  details  of  execution  of  the  foregoing 
articles,  as  well  as  for  unforeseen  .cases,,  in  accordance  with  the  in- 
structions of  their  respective  governments,  and  conformably  to  the  gen- 
eral principles  of  this  convention. 

Art  26.  The  signatory  governments  shall  take  the  necessary  steps  to 
acquaint  their  troops,  and  particularly  the  protected  personnel,  with  the 
provisions  of  this  convention  and  to  make  them  known  to  the  people  at 
large. 

Chapter  VIII — Repression  of  abuses  and  infractions 

Art.  27.  The  signatory  power?  whose  legislation  may  not  now  be 
adequate  engage  to  take  or  recommend  to  their  legislatures  such  measures 
as  may  be  necessary  to  prevent  the  use,  by  private  persons  or  by  societies 
other  than  those  upon  which  this  convention  confers  the  right  thereto,  of 
the  emblem  or  name  of  the  Red  Cross  or  Geneva  Cross,  particularly  for 
commercial  purposes  by  means  of  trade-marks  or  commercial  labels. 

The  prohibition  of  the  emblem  or  name  in  question  shall  take  effect 
from  the  time  set  in  each  act  of  legislation,  and  at  the  latest  five  years 
after  this  convention  goes  into  effect.  After  such  going  into  effect,  it 
shall  be  unlawful  to  use  a  trade-mark  or  commercial  label  contrary  to 
such  prohibition. 

Art.  28.  In  the  event  of  their  military  penal  laws  being  insufficient, 
the  signatory  governments  also  engage  to  take  or  to  recommend  to  their 
legislatures,  the  necessary  measures  to  repress,  in  time  of  war,  individual 
acts  of  robbery  and  ill  treatment  of  the  sick  and  wounded  of  the  armies, 
as  well  as  to  punish,  as  usurpations  of  military  insignia,  the  wrongful  use 
of  the  flag  and  brassard  of  the  Red  Cross  by  military  persons  or  private 
individuals  not  protected  by  the  present  convention. 

They  will  communicate  to  each  other  through  the  Swiss  Federal 
Council  the  measures  taken  with  a  view  to  such  repression,  not  later  than 
five  years  from  the  ratification  of  the  present  convention. 

General  Provisions 

Art.  29.  The  present  convention  shall  be  ratified  as  soon  as  possible. 
The  ratifications  will  be  deposited  at  Berne. 

A  record  of  the  deposit  of  each  act  of  ratification  shall  be  prepared, 
of  which  a  duly  certified  copy  shall  be  sent,  through  diplomatic  channels, 
to  each  of  the  contracting  powers. 

Art.  30.  The  present  convention  shall  become  operative,  as  to  each 
power,  six  months  after  the  date  of  deposit  of  its  ratification. 

Art.  31.  The  present  convention,  when  duly  ratified,  shall  supersede 
the  Convention  of  August  22,  1864,  in  the  relations  between  the  contract- 
ing states. 


THE  HAGUE  CONFERENCES  359 

The  Convention  of  1864  remains  in  force  in  the  relations  between  the 
parties  who  signed  it  but  who  may  not  also  ratify  the  present  convention. 

Art.  32.  The  present  convention  may,  until  December  31,  proximo,  be 
signed  by  the  powers  represented  at  the  conference  which  opened  at 
Geneva  on  June  n,  1906,  as  well  as  by  the  powers  not  represented  at  the 
conference  who  have  signed  the  Convention  of  1864. 

Such  of  these  powers  as  shall  not  have  signed  the  present  convention 
on  or  before  December  31,  1906,  will  remain  at  liberty  to  accede  to  it 
after  that  date.  They  shall  signify  their  adherence  in  a  written  notifica- 
tion addressed  to  the  Swiss  Federal  Council,  and  communicated  to  all 
the  contracting  powers  by  the  said  council. 

Other  powers  may  request  to  adhere  in  the  same  manner,  but  their  re- 
quest shall  only  be  effective  if,  within  the  period  of  one  year  from  its 
notification  to  the  Federal  Council,  such  Council  has  not  been  advised  of 
any  opposition  on  the  part  of  any  of  the  contracting  powers. 

Art.  33.  Each  of  the  contracting  parties  shall  have  the  right  to  de- 
nounce the  present  convention.  This  denunciation  shall  only  become 
operative  one  year  after  a  notification  in  writing  shall  have  been  made 
to  the  Swiss  Federal  Council,  which  shall  forthwith  communicate  such 
notification  to  all  the  other  contracting  parties. 

This  denunciation  shall  only  become  operative  in  respect  to  the  power 
which  has  given  it. 

In  faith  whereof  the  plenipotentiaries  have  signed  the  present  conven- 
tion and  affixed  their  seals  thereto. 

Done  at  Geneva,  the  sixth  day  of  July,  one  thousand  nine  hundred  and 
six,  in  a  single  copy,  which  shall  remain  in  the  archives  of  the  Swiss 
Confederation  and  certified  copies  of  which  shall  be  delivered  to  the  con- 
tracting parties  through  diplomatic  channels. 

(Signatures)*9 

49  U.  S.  Statutes,  1907  and  1908,  Part  II.  251 


CHAPTER  VIII 

OTHER  RECENT  GENERAL  WELFARE  CON- 
VENTIONS 

At  a  conference  held  in  Washington  in  1907  by  plenipoten- 
tiaries of  the  Central  American  States  of  Costa  Rica,  Salvador, 
Guatemala,  Honduras,  and  Nicaragua,  at  which  Representa- 
tives of  the  United  States  and  Mexico  were  present,  eight 
Treaties  were  signed  to  regulate  the  relations  of  these  Cen- 
tral American  Republics  to  each  other.  Perhaps  the  most  im- 
portant of  these  Conventions  is  one  providing  for  the  estab- 
lishment of  a  Central  American  Court  of  Justice  with  full 
jurisdiction  of  all  controversies  between  the  States.  The 
powers  of  the  Court  are  defined  as  follows : 

"Article  I.  The  High  Contracting  Parties  agree  by  the 
present  Convention  to  constitute  and  maintain  a  permanent 
tribunal,  which  shall  be  called  the  "Central  American  Court  of 
Justice,"  to  which  they  bind  themselves  to  submit  all  con- 
troversies or  questions  which  may  arise  among  them,  of  what- 
soever nature  and  no  matter  what  their  origin  may  be,  in  case 
the  respective  Departments  of  Foreign  Affairs  should  not  have 
been  able  to  reach  an  understanding." 

This  treaty  differs  from  the  Arbitration  Treaties  entered 
into  between  other  nations  in  the  very  important  particular 
that  it  gives  the  Court  jurisdiction  of  controversies  involving 
the  "vital  interests,  the  independence,  or  the  honor"  of  the 
parties,  as  well  as  those  "of  a  legal  nature  or  relating  to  the 
interpretation  of  treaties."  The  other  treaties  are  designed 
to  promote  good  relations  among  the  States,  but  without  yield- 
ing their  separate  sovereignty  in  other  respects.1 

A  Convention  was  concluded  between  all  the  American  Re- 
publics except  Venezuela,  Hayti,  and  the  Dominican  Republic, 
at  Rio  de  Janeiro  August  13,  1906,  establishing  the  status  of 
naturalized  citizens  who  again  take  up  their  residence  in  the 

1  Senate  Documents,  2d  Session,  6ist  Congress,  48,  2399. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    361 

country  of  their  origin,  restoring  them  to  citizenship  in  the 
country  of  their  nativity  after  returning  with  intent  to  re- 
main, and  presuming  such  intent  after  a  residence  of  two 
years.2 

Another  Convention  was  also  signed  at  the  same  place  on 
August  23,  1906,  by  Representatives  of  all  the  American  Re- 
publics except  Venezuela  and  Hayti  providing  for  the  estab- 
lishment of  an  international  Commission  of  Jurists,  with  duties 
prescribed  as  follows : 

"Article  I.  There  shall  be  established  an  international 
Commission  of  Jurists,  composed  of  one  representative  from 
each  of  the  signatory  States,  appointed  by  each  of  their  respec- 
tive Governments,  which  Commission  shall  meet  for  the  pur- 
pose of  preparing  a  draft  of  a  Code  of  Private  International 
Law  and  one  of  Public  International  Law,  regulating  the 
relations  between  the  Nations  of  America.  Two  or  more 
Governments  may  appoint  a  single  representative,  but  such 
representative  shall  have  but  one  vote."3 

This  Convention  does  not  purport  to  confer  legislative 
powers  on  the  Commission,  or  even  the  powers  of  plenipoten- 
tiaries to  make  a  treaty  subject  to  ratification  by  the  govern- 
ments, but  only  to  make  drafts  to  be  submitted  to  their  govern- 
ments. 

A  Convention  was  signed  at  Paris  May  4,  1910,  by  Repre- 
sentatives of  fourteen  European  States,  the  United  States  and 
Brazil  for  the  repression  of  the  circulation  of  obscene  publica- 
tions of  which  the  following  is  a  copy. 

ARRANGEMENT  RELATIVE  TO  THE  REPRESSION  OF  THE  CIRCULATION 
OF  OBSCENE  PUBLICATIONS 

The  Governments  of  the  Powers  hereinbelow  named,  equally  desirous 
of  facilitating  within  the  scope  of  their  respective  legislation,  the  mutual 
interchange  of  information  with  a  view  to  tracing  and  repressing  offences 
connected  with  obscene  publications,  have  resolved  to  conclude  an  agiee- 
ment  to  that  end  and  have,  in  consequence,  designated  their  plenipoten- 
tiaries who  met  in  conference  at  Paris  from  April  18  to  May  4,  1910,  and 
agreed  on  the  following  provisions : 

2  Senate  Documents,  3rd  Session  6and  Congress,  10,  125. 

3  Id.  129. 


362  INTERNATIONAL  RELATIONS 

Article  i.  Each  one  of  the  Contracting  Powers  undertakes  to  establish 
or  designate  an  authority  charged  with  the  duty  of 

(1)  Centralizing  all  information  which  may  facilitate  the  tracing  and 
repressing  of  facts  constituting  infringements  of  their  municipal  law  as  to 
obscene    writings,    drawings,    pictures    or    articles,    and    the    constitutive 
elements  of  which  bear  an  international  character. 

(2)  Supplying   all   information   tending   to    check   the    importation    of 
publications  or  articles  referred  to  in  the  foregoing  paragraph  and  also 
to  insure  or  expedite  their  seizure  all  within  the  scope  of  municipal  legis- 
lation. 

(3)  Communicating  the  laws  that  have  already  been  or  may  subsequently 
be  enacted  in  their  respective  States  in  regard  to  the  object  of  the  present 
Arrangement. 

The  Contracting  Governments  shall  mutually  make  known  to  one 
another,  through  the  Government  of  the  French  Republic,  the  authority 
established  or  designated  in  accordance  with  the  present  Article. 

Art.  2.  The  authority  designated  in  Article  I  shall  be  empowered  to 
correspond  directly  with  the  like  service  established  in  each  one  of  the 
other  Contracting  States. 

Art.  3.  The  authority  designated  iu  Article  I  shall  be  bound,  if  there 
be  nothing  to  the  contrary  in  the  municipal  law  of  its  country,  to  com- 
municate bulletins  of  the  sentences  passed  in  said  country  to  the  similar 
authorities  of  all  the  other  Contracting  States  in  case  of  offences  com- 
ing under  Article  I. 

Art.  4.  Non-Signatory  States  shall  be  permitted  to  adhere  to  the  present 
arrangement.  They  shall  notify  their  intention  to  that  effect  by  means  of 
an  instrument  which  shall  be  deposited  in  the  archives  of  the  Government 
of  the  French  Republic.  The  said  Government  shall  send  through  dip- 
lomatic channel  a  certified  copy  of  the  said  instrument  to  each  of  the 
Contracting  States  and  shall  at  the  same  time  apprize  them  of  the  date 
of  deposit. 

Six  months  after  that  date  the  Arrangement  shall  go  into  effect 
throughout  the  territory  of  the  adhering  State  which  will  thereby  become 
a  Contracting  State. 

The  remaining  articles  numbered  5  to  8  are  in  the  usual  form  for 
general  conventions.  It  is  signed  by  fourteen  of  the  leading  nations 
and  bears  date  at  Paris  May  4, 


INTERNATIONAL  AMERICAN  CONFERENCES 

Four  conferences  of  the  American  Republics  for  the  con- 

sideration of  the  affairs  of  the  Western  Hemisphere  have  been 

held.     The  first  was  convened  at  Washington  on  October  2, 

1889,  on  the  invitation  of  the  United  States,  and  was  attended 

4  Senate  Documents,  3d  Session  62nd  Congress,  10,  133. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    363 

by  representatives  of  Mexico,  Haiti,  and  all  the -states  of 
Central  and  South  America.  Subsequent  conferences  were 
held  at  the  city  of  Mexico  in  October,  1901  to  January,  1902, 
and  in  Rio  de  Janeiro  in  July,  1906.  A  fourth  conference 
was  held  at  Buenos  Aires  at  which  all  the  American  nations 
except  Bolivia  were  represented,  at  which  the  four  following 
conventions  were  signed  by  the  delegates  of  the  twenty  Amer- 
ican republics.  These  conventions  evidence  the  advancing 
sentiment  of  all  the  Americas  on  the  subject  of  international 
relations  and  are  as  follows : 

PECUNIARY  CLAIMS  CONVENTION 

Their  Excellencies  the  Presidents  of  the  United  States  of  America, 
Argentine  Republic,  Brazil,  Chile,  Colombia,  Costa  Rica,  Cuba,  Dominican 
Republic,  Ecuador,  Guatemala,  Haiti,  Honduras,  Mexico,  Nicaragua, 
Panama,  Paraguay,  Peru,  Salvador,  Uruguay  and  Venezuela ; 

Being  desirous  that  their  respective  countries  may  be  represented  at 
the  Fourth  International  American  Conference  have  sent  the  following 
delegates,  duly  authorized  to  approve  the  recommendations,  resolutions, 
conventions,  and  treaties  which  may  be  advantageous  to  the  interests  of 
America; 

(Here  follows  a  list  of  the  names  of  all  the  delegates) 

Who,  after  having  presented  their  credentials  and  the  same  having 
been  found  in  due  and  proper  form,  have  agreed  upon  the  following  Con- 
vention on  Pecuniary  Claims : 

First.  The  High  Contracting  Parties  agree  to  submit  to  arbitration  all 
claims  for  pecuniary  loss  or  damage  which  may  be  presented  by  their 
respective  citizens  and  which  cannot  be  amicably  adjusted  through  diplo- 
matic channels,  when  said  claims  are  of  sufficient  importance  to  warrant 
the  expense  of  arbitration. 

The  decision  shall  be  rendered  in  accordance  with  the  principles  of 
international  law. 

Second.  The  High  Contracting  Parties  agree  to  submit  to  the  decision 
of  the  permanent  Court  of  Arbitration  of  The  Hague  all  controversies 
which  are  the  subject  matter  of  the  present  treaty,  unless  both  parties 
agree  to  constitute  a  special  jurisdiction. 

If  a  case  is  submitted  to  the  Permanent  Court  of  The  Hague,  the  High 
Contracting  Parties  accept  the  provisions  of  the  treaty  relating  to  the 
organization  of  that  arbitral  tribunal,  to  the  procedure  to  be  followed,  and 
to  the  obligation  to  comply  with  the  sentence. 

Third.  If  it  shall  be  agreed  to  constitute  a  special  jurisdiction,  there 
shall  be  prescribed  in  the  convention  by  which  this  is  determined  the  rules 
according  to  which  the  tribunal  shall  proceed,  which  shall  have  cognizance 


364  INTERNATIONAL  RELATIONS 

of  the  questions  involved  in  the  claims  referred  to  in  article   i   of  the 
present  treaty. 

Fourth.  The  present  treaty  shall  come  into  force  immediately  after 
the  3ist  of  December,  1912,  when  the  treaty  on  pecuniary  claims,  signed 
at  Mexico  on  January  31,  1902  ,and  extended  by  the  treaty  signed  at  Rio 
de  Janeiro  on  August  13,  1916,  expires. 

It  shall  remain  in  force  indefinitely,  as  well  for  the  nations  which  shall 
then  have  ratified  it  as  those  which  shall  ratify  it  subsequently. 

The  ratifications  shall  be  transmitted  to  the  Government  of  the  Ar- 
gentine Republic,  which  shall  communicate  them  to  the  other  contracting 
parties. 

Fifth.  Any  of  the  nations  ratifying  the  present  treaty  may  denounce 
it,  on  its  own  part,  by  giving  two  year's  notice  in  writing,  in  advance,  of 
its  intention  so  to  do. 

This  notice  shall  be  transmitted  to  the  Government  of  the  Argentine 
Republic  and  through  its  intermediation  to  the  other  contracting  parties. 

Sixth.  The  treaty  of  Mexico  shall  continue  in  force  after  December 
31,  1912,  as  to  any  claims  which  may,  prior  to  that  date,  have  been  sub- 
mitted to  arbitration  under  its  provisions. 

In  witness  whereof  the  plenipotentiaries  and  delegates  sign  this  con- 
vention and  affix  to  it  the  seal  of  the  Fourth  International  American 
Conference. 

Made  and  signed  in  the  city  of  Buenos  Aires,  on  the  nth  day  of  August, 
in  the  year  1910,  in  the  Spanish,  English,  Portuguese,  and  French  lan- 
guages, and  filed  in  the  ministry  of  foreign  affairs  of  the  Argentine  Re- 
public, in  order  that  certified  copies  may  be  taken  to  be  forwarded 
through  the  appropriate  diplomatic  channels  to  each  one  of  the  signatory 
nations. 

(Signatures)5 

CONVENTION  CONCERNING  LITERARY  AND  ARTISTIC  COPYRIGHT 
(Introductory  recitals  omitted) 

First.  The  signatory  States  acknowledge  and  protect  the  rights  of 
literary  and  artistic  property  in  conformity  with  the  stipulations  of  the 
present  convention. 

Second.  In  the  expression  "literary  and  artistic  works"  are  included 
books,  writings,  pamphlets  of  all  kinds,  whatever  may  be  the  subject  of 
which  they  treat,  and  whatever  the  number  of  their  pages ;  dramatic  or 
dramatico-musical  works ;  choreographic  and  musical  compositions,  with 
or  without  words ;  drawings,  paintings,  sculpture,  engravings  ;  photographic 
works;  astronomical  or  geographical  globes;  plans,  sketches  or  plaster 
works  relating  to  geography,  geology  or  topography,  architecture  or  any 
other  science;  and,  finally,  all  productions  that  can  be  published  by  any 
means  of  impression  or  reproduction. 

5  Senate  Documents,  3rd  Session  62nd  Congress,  10,  345. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    365 

Third.  The  acknowledgement  of  a  copyright  obtained  in  one  state,  in 
conformity  with  its  laws,  shall  produce  its  effects  of  full  right,  in  all 
the  other  states,  without  the  necessity  of  complying  with  any  other 
formality,  provided  always  there  shall  appear  in  the  work  a  statement  that 
indicates  the  reservation  of  the  property  right. 

Fourth.  The  copyright  of  a  literary  or  artistic  work,  includes  for 
its  author  or  assigns  the  exclusive  power  of  disposing  of  the  same,  of 
publishing,  assigning,  translating,  or  authorizing  its  translation  and  re- 
producing it  in  any  form  whether  wholly  or  in  part. 

Fifth.  The  author  of  a  protected  work,  except  in  case  of  proof  to 
the  contrary,  shall  be  considered  the  person  whose  name  or  well  known 
nom  de  plume  is  indicated  therein;  consequently  suit  brought  by  such 
author  or  his  representative  against  counterfeiters  or  violators,  shall  be 
admitted  by  the  courts  of  the  signatory  states. 

Sixth.  The  authors  or  their  assigns,  citizens  or  domiciled  foreigners, 
shall  enjoy  in  the  signatory  countries  the  rights  that  the  respective  laws 
accord,  without  those  rights  being  allowed  to  exceed  the  term  of  pro- 
tection granted  in  the  country  of  origin. 

For  works  comprising  several  volumes  that  are  not  published  simul- 
taneously, as  well  as  for  bulletins,  or  parts,  or  periodical  publications,  the 
term  of  the  copyright  will  commence  to  run,  with  respect  to  each  volume, 
bulletin,  part,  or  periodical  publication,  from  the  respective  date  of  its 
publication. 

Seventh.  The  country  of  origin  of  a  work  will  be  deemed  that  of  its 
first  publication  in  America,  and  if  it  shall  have  appeared  simultaneously 
in  several  of  the  signatory  countries,  that  which  fixes  the  shortest  period 
of  protection. 

Eighth.  A  work  'which  was  not  originally  copyrighted  shall  not  be 
entitled  to  copyright  in  subsequent  editions. 

Ninth.  Authorized  translations  shall  be  protected  in  the  same  manner 
as  original  works. 

Translators  of  works  concerning  which  no  right  of  guaranteed  prop- 
erty exists,  or  the  guaranteed  copyright  of  which  may  have  been  extin- 
guished, may  obtain  for  their  translations  the  rights  of  property  set  forth 
in  article  3,  but  they  shall  not  prevent  the  publication  of  other  translations 
of  the  same  work. 

Tenth.  Addresses  or  discourses  delivered  or  read  before  deliberative 
assemblies,  courts  of  justice,  or  at  public  meetings,  may  be  printed  in  the 
daily  press  without  the  necessity  of  any  authorization,  with  due  regard, 
however,  to  the  provisions  of  the  domestic  legislation  of  each  nation. 

Eleventh.  Literary,  scientific,  or  artistic  writings,  whatever  may  be 
their  subjects,  published  in  newspapers  or  magazines,  in  any  one  of  the 
countries  of  the  union,  shall  not  be  reproduced  in  the  other  countries 
without  the  consent  of  the  authors.  With  the  exception  of  the  works 
mentioned,  any  article  in  a  newspaper  may  be  reprinted  by  others,  if  it 
has  not  been  expressly  prohibited,  but  in  every  case  the  source  from 
which  it  is  taken  must  be  cited. 


366  INTERNATIONAL  RELATIONS 

News  and  miscellaneous  items  published  merely  for  general  information 
do  not  enjoy  protection  under  this  convention. 

Twelfth.  The  reproduction  of  extracts  from  literary  or  artistic  pub- 
lications for  the  purpose  of  instruction  or  chrestomathy,  does  not  confer 
any  right  of  property,  and  may  therefore  be  freely  made  in  all  the  sig- 
natory countries. 

Thirteenth.  The  indirect  appropriation  of  unauthorized  parts  ot  a 
literary  or  artistic  work,  having  no  original  character,  shall  be  deemed 
an  illicit  reproduction,  in  so  far  as  affects  civil  liability. 

The  reproduction  of  any  form  of  an  entire  work,  or  of  the  greater  part 
thereof,  accompanied  by  notes  or  commentaries  under  the  pretext  of 
literary  criticism  or  amplification,  or  supplement  to  the  original  work, 
shall  also  be  considered  illicit. 

Fourteenth.  Every  publication  infringing  a  copyright  may  be  confis- 
cated in  the  signatory  countries  in  which  the  original  work  had  the  right 
to  be  legally  protected,  without  prejudice  to  the  indemnities  or  penalties 
which  the  counterfeiters  may  have  incurred  according  to  the  laws  of  the 
country  in  which  the  fraud  may  have  been  committed. 

Fifteenth.  Each  of  the  Governments  of  the  signatory  countries,  shall 
retain  the  right  to  permit,  inspect,  or  prohibit  the  circulation,  representa- 
tion, or  exhibition  of  works  or  productions  concerning  which  the  proper 
authority  may  have  to  exercise  that  right. 

Sixteenth.  The  present  convention  shall  become  operative  between  the 
signatory  States  which  ratify  it  three  months  after  they  shall  have  com- 
municated their  ratification  to  the  Argentine  Government,  and  it  shall 
remain  in  force  among  them  until  a  year  after  the  date  when  it  may  be 
denounced.  This  denunciation  shall  be  addressed  to  the  Argentine  Gov- 
ernment and  shall  be  without  force  except  with  respect  to  the  country 
making  it. 

In  witness  whereof  the  plenipotentiaries  have  signed  the  present  treaty 
and  affixd  thereto  the  seal  of  the  Fourth  International  American  Con- 
ference. 

Made  and  signed  in  the  city  of  Buenos  Aires  on  the  nth  day  of  August 
in  the  year  1910,  in  Spanish,  English,  Portuguese,  and  French,  and  de- 
posited in  the  ministry  of  foreign  affairs  of  the  Argentine  Republic  in 
order  that  certified  copies  be  made  for  transmission  to  each  of  the 
signatory  nations  through  the  appropriate  diplomatic  channels. 

(Signatures)6 

CONVENTION  CONCERNING  THE  PROTECTION  OF  TRADE-MARKS 
(Introductory  recitals  omitted) 

Article  i.  The  signatory  nations  enter  into  this  convention  for  the 
protection  of  trade-marks  and  commercial  names. 

Art.  2.    Any  mark  duly  registered  in  one  of  the  signatory  States  shall 

6  Senate  Documents,  3d  Session  62nd  Congress,  10,  349. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    367 

be  considered  as  registered  also  in  the  other  States  of  the  union,  without 
prejudice  to  the  rights  of  third  persons  and  to  the  provisions  of  the  laws 
of  each  State  governing  the  same. 

In  order  to  enjoy  the  benefit  of  the  foregoing,  the  manufacturer  or 
merchant  interested  in  the  registry  of  the  mark  must  pay,  in  addition  to 
the  fees  or  charges  fixed  by  the  laws  of  the  State  in  which  application  for 
registration  is  first  made,  the  sum  of  fifty  dollars  gold,  which  sum  shall 
cover  all  the  expenses  of  both  bureaus  for  the  international  registration 
in  all  the  signatory  States. 

Art.  3.  The  deposit  of  a  trade-mark  in  one  of  the  signatory  States 
produces  in  favor  of  the  depositor  a  right  of  property  for  the  period  of 
six  months,  so  as  to  enable  the  depositor  to  make  the  deposit  in  the  other 
States. 

Therefore  the  deposit  made  subsequently  and  prior  to  the  expiration  of 
this  period  can  not  be  annulled  by  acts  performed  in  the  interval,  especially 
by  another  deposit,  by  publication,  or  by  the  use  of  the  mark. 

Art.  4.  The  following  shall  be  considered  as  trade-mark:  Any  sign, 
emblem,  or  especial  name  that  merchants  or  manufacturers  may  adopt 
or  apply  to  their  goods  or  products  in  order  to  distinguish  them  from 
those  of  other  manufacturers  or  merchants  who  manufacture  or  deal  in 
articles  of  the  same  kind. 

Art.  5.  The  following  cannot  be  adopted  or  used  as  trade-mark:  Na- 
tional, provincial,  or  municipal  flags  or  coats-of-arms ;  immoral  or  scan- 
dalous figures;  distinctive  marks  which  may  have  been  obtained  by  others 
or  which  may  give  rise  to  confusion  with  other  marks ;  the  general  class- 
ification of  articles;  pictures  or  names  of  persons  without  their  permission; 
and  any  design  which  may  have  been  adopted  as  an  emblem  by  any 
fraternal  or  humanitarian  association. 

The  foregoing  provisions  shall  be  construed  without  prejudice  to  the 
particular  provisions  of  the  laws  of  each  State. 

Art.  6.  All  questions  which  may  arise  regarding  the  priority  of  the 
deposit  or  the  adoption  of  a  trade-mark  shall  be  decided  with  due  regard 
to  the  date  of  the  deposit  in  the  State  in  which  the  first  application  was 
made  thereof. 

Art.  7.  The  ownership  of  a  trade-mark  includes  the  right  to  enjoy  the 
benefits  thereof  and  the  right  of  assignment  or  transfer  in  whole  or  in 
part  of  its  ownership  or  its  use  in  accordance  with  the  provisions  of  the 
laws  of  the  respective  States. 

Art.  8.  The  falsification,  imitation,  or  unauthorized  use  of  a  trade- 
mark, as  also  the  false  representation  as  to  the  origin  of  a  product,  shall 
be  prosecuted  by  the  interested  party  in  accordance  with  the  laws  of  the 
State  wherein  the  offense  is  committed. 

For  the  effects  of  this  article,  interested  parties  shall  be  understood  to 
be  any  producer,  manufacturer,  or  merchant  engaged  in  the  production, 
manufacture,  or  traffic  of  said  product,  or  in  the  case  of  false  representa- 


368  INTERNATIONAL  RELATIONS 

tion  of  origin,  one  doing  business  in  the  locality  falsely  indicated  as  that 
of  origin,  or  in  the  territory  in  which  said  locality  is  situated 

Art.  9.  Any  person  in  any  of  the  signatory  States  shall  have  the  right 
to  petition  and  obtain  in  any  of  the  States,  through  its  competent  judicial 
authority,  the  annullment  of  the  registration  of  a  trade-mark,  when  he 
shall  have  made  application  for  the  registration  of  that  mark,  or  of  any 
other  mark,  calculated  to  be  confused,  in  such  State,  with  the  mark  in 
whose  annullment  he  is  interested,  upon  proving. 

(a)  That  the  mark  the  registration  whereof  he  solicits  has  been  em- 
ployed or  used  within  the  country  prior  to  the  employment  or  use  of  the 
mark  registered  by  the  person  registering  it  or  by  the  persons  from  whom 
he  has  derived  title; 

(b)  That   the    registrant   had    knowledge    of    the    ownership,    employ- 
ment, or  use  in  any  of  the  signatory  States  of  the  mark  of  the  applicant 
the  annullment  whereof  is  sought  prior  to  the  use  of  the  registered  mark 
by  the  registrant  or  by  those  from  whom  he  has  derived  title ; 

(c)  That  the  registrant  had  no  right  to  the  ownership,  employment,  or 
use  of  the  registered  mark  on  the  date  of  its  deposit; 

(d)  That  the  registered  mark  had  not  been  used  or  employed  by  the 
registrant  or  by  his  assigns  within  the  term  fixed  by  the  laws  of  the  State 
in  which  the  registration  shall  have  been  made. 

Art.  10.  Commercial  names  shall  be  protected  in  all  the  States  of  the 
Union,  without  deposit  or  registration,  whether  the  same  form  part  of  a 
trade-mark  or  not. 

Art.  II.  For  the  purposes  indicated  in  the  present  convention  a  union 
of  American  Nations  is  hereby  constituted,  which  shall  act  through  two 
international  bureaux  established  one  in  the  city  of  Habana,  Cuba,  and  the 
other  the  city  of  Rio  de  Janeiro,  Brazil,  acting  in  complete  accord  with 
each  other. 

Art.  12.    The  international  bureau  shall  have  the   following  duties; 

1.  To  keep  a  register  of  the  certificates  of  ownership  of  trade-marks 
issued  by  any  of  the  signatory  States. 

2.  To  collect  such  reports  and  data  as  relate  to  the  protection  of  intel- 
lectual and  industrial  property  and  to  publish  and  circulate  them  among 
the  nations  of  the  union,  as  well  as  to   furnish  them  whatever  special 
information  they  may  need  upon  this  subject. 

3.  To  encourage  the  study  and  publicity  of  the  questions  relating  to 
the  protection  of  intellectual  and  industrial  property ;  to  publish  for  this 
purpose  one  or  more  official  reviews,  containing  the  full  texts  or  digests 
of  all  documents  forwarded  to  the  bureaux  by  the  authorities  of  the  sig- 
natory States. 

The  Governments  of  the  said  States  shall  send  to  the  International  Amer- 
ican Bureaux  their  official  publications  which  contain  the  announcements 
of  the  registrations  of  trade-marks,  and  commercial  names,  and  the 
grants  of  patents  and  privileges  as  well  as  the  judgments  rendered  by 
the  respective  courts  concerning  the  invalidity  of  trade-marks  and  patents. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    369 

4.  To  communicate  to  the  Governments  of  the  union  any  difficulties  or 
obstacles  that  may  oppose  or  delay  the  effective  application  of  this  con- 
vention. 

5.  To  aid  the  Governments  of  the  signatory  States  in  the  preparation 
of  international  conferences  for  the  study  of  legislation  concerning  in- 
dustrial property,  and  to  secure  such  alterations  as  it  may  be  proper  to 
propose  in  the  regulations  of  the  union,  or  in  treaties  in  force  to  protect 
industrial  property.     In  case   such  conferences  take  place,  the  directors 
of  the  bureaux  shall  have  the  right  to  attend  the  meetings  and  there  to 
express  their  opinions,  but  not  to  vote. 

6.  To  present  to  the  Governments  of  Cuba  and  of  the  United  States 
of  Brazil,  respectively,  yearly  reports  of  their  labors  which  shall  be  com- 
municated at  the  same  time  to  all  the  Governments  of  the  other  States 
of  the  union. 

7.  To  initiate  and  establish  relations  with  similar  bureaus  and  with 
the  scientific  and  industrial  associations  and  institutions  for  the  exchange 
of  publications,  information,  and  data  conducive  to  the  progress  of  the 
protection  of  industrial  property. 

8.  To    investigate    cases    where    trade-marks,    designs,    and    industrial 
models  have  failed  to  obtain  the  recognition  or  registration  provided  for 
by  this  convention,  on  the  part  of  the  authorities  of  any  one  of  the  State? 
forming  the   union,   and   to   communicate   the   facts   and   reasons   to   the 
Government  of  the  country  of  origin  and  to  interested  parties. 

9.  To  cooperate  as  agents  for  each  one  of  the  Governments  of  the 
signatory    states    before    the    respective    authorities    for    the    better    per- 
formance of  .any  act  tending  to  promote  or  accomplish  the  ends  of  this 
convention. 

Art.  13.  The  bureau  established  in  the  city  of  Habana,  Cuba,  shall  have 
charge  of  the  registration  of  trade-marks  coming  from  the  United 
States  of  America,  Mexico,  Cuba,  Haiti,  the  Dominican  Republic,  El 
Salvador,  Honduras,  Nicaragua,  Costa  Rica,  Guatemala,  and  Panama. 

The  bureau  established  in  the  city  of  Rio  de  Janeiro  shall  have  charge 
of  the  registration  of  trade-marks  coming  from  Brazil,  Uruguay,  the  Ar- 
gentine Republic,  Paraguay,  Bolivia,  Chile,  Peru,  Ecuador,  Venezuela,  and 
Colombia. 

Art.  14.  The  two  international  bureaux  shall  be  considered  as  one,  and 
for  the  purpose  of  the  unification  of  the  registrations  it  is  provided: 

(a)  Both  shall  have  the  same  books  and  the  same  accounts  kept  under 
an  identical  system. 

(b)  Copies  shall  be  reciprocally  transmitted  weekly  from  one  to  the 
other     of     all     applications,     registrations,     communications,     and     other 
documents   affecting  the  recognition  of  the   rights  of  owners  of  trade- 
marks. 

Art.  15.  The  international  bureaux  shall  be  governed  by  identical 
regulations,  formed  with  the  concurrence  of  the  Governments  of  the 


370  INTERNATIONAL  RELATIONS 

Republic  of  Cuba  and  the  United  States  of  Brazil  and  approved  by  all  the 
other  signatory  States. 

Their  budgets,  after  being  sanctioned  by  the  said  Governments,  shall  be 
defrayed  by  all  the  signatory  States  in  the  same  proportion  as  that  estab- 
lished by  the  International  Bureau  of  the  American  Republics  at  Wash- 
ington, and  in  this  particular  they  shall  be  placed  under  the  control  of 
those  Governments  within  whose  territory  they  are  established. 

The  international  bureaux  may  establish  such  rules  of  practice  and  pro- 
cedure, not  inconsistent  with  the  terms  of  this  convention,  as  they  may 
deem  necessary  and  proper  to  give  effect  to  its  provisions. 

Art.  16.  The  Governments  of  the  Republic  of  Cuba  and  of  the  United 
States  of  Brazil  shall  proceed  with  the  organization  of  the  Bureaux  of 
the  International  Union  as  herein  provided,  upon  the  ratification  of  this 
convention  by  at  least  two-thirds  of  the  nations  belonging  to  each  group. 

The  simultaneous  establishment  of  both  bureaux  shall  not  be  necessary ; 
one  only  may  be  established  if  there  be  the  number  of  adherent  govern- 
ments provided  for  above. 

Art.  17.  The  treaties  on  trade-marks  previously  concluded  by  and 
between  the  signatory  States,  shall  be  substituted  by  the  present  conven- 
tion from  the  date  of  its  ratification,  as  far  as  the  relations  between  the 
signatory  States  are  concerned. 

Art.  18.  The  ratifications  or  adhesions  of  the  American  States  to  the 
present  convention  shall  be  communicated  to  the  Government  of  the 
Argentine  Republic,  which  shall  lay  them  before  the  other  States  of  the 
union.  These  communications  shall  take  the  place  of  an  exchange  of 
ratifications. 

Art.  19.  Any  signatory  State  that  may  see  fit  to  withdraw  from  the 
present  convention  shall  so  notify  the  Government  of  the  Argentine  Re- 
public, which  shall  communicate  this  fact  to  the  other  States  of  the 
union,  and  one  year  after  the  receipt  of  such  communication  this  con- 
vention shall  cease  with  regard  to  the  State  that  shall  have  withdrawn. 

In  witness  whereof  the  plenipotentiaries  and  delegates  sign  this  con- 
vention and  affix  to  it  the  seal  of  the  Fourth  International  American  Con- 
ference. 

Made  and  signed  in  the  city  of  Buenos  Aires,  on  the  20th  day  of  August, 
in  the  year  1910,  in  Spanish,  English,  Portuguese,  and  French,  and  filed 
in  the  Ministry  of  Foreign  Affairs  of  the  Argentine  Republic  in  order  that 
certified  copies  may  be  made,  to  be  forwarded  through  appropriate  chan- 
nels to  each  one  of  the  signatory  nations. 

(Signatures)7 

CONVENTION  RELATING  TO  INVENTIONS,  PATENTS,  DESIGNS, 
AND  INDUSTRIAL  MODELS 

Article  i.  The  subscribing  nations  enter  into  this  convention  for  the 
protection  of  patents  of  invention,  designs,  and  industrial  models. 

7  Senate  Documents,  3d  Session  62nd  Congress,  10,  345. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    371 

Art.  2.  Any  person  who  shall  obtain  a  patent  of  invention  in  any  of 
the  signatory  States  shall  enjoy  in  each  of  the  other  States  all  the  ad- 
vantages which  the  laws  relative  to  patents  of  invenion,  designs,  and 
industrial  models  concede.  Consequently,  they  shall  have  the  right  to  the 
same  protection  and  identical  legal  remedies  against  any  attack  upon  their 
rights  provided  they  comply  with  the  laws  of  each  State. 

Art  3.  Any  person  who  shall  have  regularly  deposited  an  application 
for  a  patent  of  invention  or  design  or  industrial  model  in  one  of  the 
contracting  States  shall  enjoy,  for  the  purposes  of  making  the  deposit  in 
the  other  States  and  under  the  reserve  of  the  rights  of  third  parties,  a  right 
of  priority  during  a  period  of  twelve  months  for  patents  of  invention,  and 
of  four  months  for  designs  or  industrial  models. 

In  consequence  the  deposits  subsequently  made  in  any  other  of  the  sig- 
natory States  before  the  expiration  of  these  periods  can  not  be  invalidated 
by  acts  performed  in  the  interval,  especially  by  other  deposits,  by  the  pub- 
lication of  the  invention  or  its  working,  or  by  the  sale  of  copies  of  the 
design  or  of  the  model. 

Art.  4.  When,  within  the  terms  fixed,  a  person  shall  have  filed  applica- 
tions in  several  States  for  the  patent  of  the  same  invention,  the  rights  re- 
sulting from  patents  thus  applied  for  shall  be  independent  of  each  other. 

They  shall  also  be  independent  of  the  rights  arising  under  patents 
obtained  for  the  same  invention  in  countries  not  parties  to  this  con- 
vention. 

Art.  5.  Questions  which  may  arise  regarding  the  priority  of  patents 
of  invention  shall  be  decided  with  regard  to  the  date  of  the  application 
for  the  respective  patents  in  the  countries  in  which  they  are  granted. 

Art.  6.  The  following  shall  be  considered  as  inventions :  A  new  man- 
ner of  manufacturing  industrial  products,  a  new  machine  or  mechanical 
or  manual  apparatus  which  serves  for  the  manufacture  of  said  products, 
the  discovery  of  a  new  industrial  product,  the  application  of  known 
methods  for  the  purpose  of  securing  better  results,  and  every  new,  original, 
and  ornamental  design  or  model  for  an  article  of  manufacture. 

The  foregoing  shall  be  understood  without  prejudice  to  the  laws  of  each 
State. 

Art.  7.  Any  of  the  signatory  States  may  refuse  to  recognize  patents 
for  any  of  the  following  causes : 

(a)  Because  the  inventions  or  discoveries  may  have  been  published  in 
any  country  prior  to  the  date  of  the  invention  by  the  applicant. 

(b)  Because  the  inventions  have  been  registered,  published  or  described 
in  any  country  more  than  one  year  prior  to  the  date  of  the  application  in 
the  country  in  which  the  patent  is  sought. 

(c)  Because  the  inventions  have  been  in  public  use,  or  have  been  on 
sale  in  the  country  in  which  the  patent  has  been  applied  for,  one  year 
prior  to  the  date  of  said  application. 

(d)  Because  the  inventions  or  discoveries  are  in  some  manner  con- 
trary to  morals  or  laws. 


372  INTERNATIONAL  RELATIONS 

Art.  8.  The  ownership  of  a  patent  or  invention  comprises  the  right 
to  enjoy  the  benefits  thereof,  and  the  right  to  assign  or  transfer  it  in 
accordance  with  the  laws  of  the  country. 

Art.  9.  Persons  who  incur  civil  or  criminal  liabilities,  because  of  in- 
juries or  damage  to  the  rights  of  inventors,  shall  be  prosecuted  and 
punished  in  accordance  to  the  laws  of  the  countries  wherein  the  offense 
has  been  committed  or  the  damage  occasioned. 

Art.  10.  Copies  of  patents  certified  in  the  country  of  origin,  according 
to  the  national  law  thereof,  shall  be  given  full  faith  and  credit  as  evidence 
of  the  right  of  priority,  except  as  stated  in  Article  7. 

Art.  II.  The  treaties  relating  to  patents  of  invention,  designs,  or  in- 
dustrial models,  previously  entered  into  between  the  countries  subscribing 
to  the  present  convention,  shall  be  superseded  by  the  same  from  the  time 
of  its  ratification  in  so  far  as  the  relations  between  the  signatory  States 
are  concerned. 

Art.  12.  The  adhesion  of  the  American  Nations  to  the  present  conven- 
tion shall  be  communicated  to  the  Government  of  the  Argentine  Republic 
in  order  that  it  may  communicate  them  to  the  other  States.  These  com- 
munications shall  have  the  effect  of  an  exchange  of  ratifications. 

Art.  13.  A  signatory  nation  that  sees  fit  to  retire  from  the  present 
convention  shall  notify  the  Government  of  the  Argenine  Republic,  and 
one  year  after  the  receipt  of  the  communication  the  force  of  this  conven- 
tion shall  cease,  in  so  far  as  the  nation  which  shall  have  withdrawn 
its  adherence  is  concerned. 

In  witness  whereof,  the  plenipotentiaries  have  signed  the  present  treaty 
and  affixed  thereto  the  seal  of  the  Fourth  International  American  Con- 
ference. 

Made  and  signed  in  the  city  of  Buenos  Aires  on  the  2Oth  day  of  August 
in  the  year  1910,  in  Spanish,  English,  Portuguese,  and  French,  and  de- 
posited in  the  ministry  of  foreign  affairs  of  the  Argentine  Republic,  in 
order  that  certified  copies  be  made  for  transmission  to  each  of  the 
signatory  nations  through  the  appropriate  diplomatic  channels. 

(Signatures)8 

The  Hague  convention  on  the  subject  of  the  enforcement  of 
contract  debts  is  merely  an  agreement  not  to  resort  to  armed 
force  for  the  collection  of  them  unless  the  debtor  nation  re- 
fuses to  arbitrate  or  to  comply  with  an  award.  The  conven- 
tion between  the  American  Republics  on  the  subject  goes  much 
farther  and  provides  for  the  submission  to  The  Hague 
Tribunal  of  all  claims  for  pecuniary  loss  or  damage  which  can- 
not be  settled  by  diplomacy  and  involve  a  sufficient  amount  to 

8  Senate  Documents,  3d  Session    62nd  Congress,   10,  362. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    373 

warrant  the  expense,  unless  the  parties  agree  on  another  trib- 
unal for  the  arbitration  of  the  dispute.  No  preliminary  treaty 
on  the  subject  appears  to  be  necessary,  this  convention  binding 
all  the  American  republics  to  submit  their  money  demands  to 
arbitration  and  adopting  The  Hague  Tribunal  as  the  court  of 
arbitration  and  accepting  the  procedure  prescribed  by  the 
Hague  Convention  for  the  Settlement  of  International  dis- 
putes. The  other  conventions  provide  in  effect  for  a  union  of 
all  the  American  states  for  the  protection  of  the  rights  of 
authors,  artists,  inventors,  manufacturers  and  merchants  and 
accord  the  citizens  of  each  nation  the  same  rights  in  all  the 
countries  that  their  laws  accord  to  their  own  citizens  under  like 
conditions.  The  absence  of  the  word  "subject"  from  the 
treaties  is  noticable,  these  republics  having  no  subjects. 
Another  feature  of  the  convention  concerning  pecuniary  claims 
is  that  it  is  designed  to  be  a  continuing  agreement  and  does  not 
expire  by  any  limitation  contained  in  it,  though  any  party  may 
be  relieved  from  future  obligation  to  abide  by  it  by  denouncing 
it,  but  this  denunciation  does  not  affect  the  operation  of  it  as 
to  the  other  states.  The  convention  relating  to  copyrights 
gives  full  protection  to  authors  and  their  assigns  throughout 
both  continents  without  any  additional  formalities  after  the 
copyright  has  been  secured  in  the  country  of  origin.  For  the 
purposes  of  this  treaty  America  is  one  country,  except  as  the 
laws  of  the  various  nations  differ  in  the  protection  afforded 
to  authors  of  their  own  country.  This  convention  also  by 
its  terms  remains  in  force  until  a  year  after  it  is  denounced. 
The  last  two  of  the  above  conventions  do  not  in  express  terms 
provide  that  they  are  to  continue  until  denounced,  but  contain 
no  limitation  of  time  at  which  they  are  to  expire  and  are  there- 
fore like  ordinary  legislation  in  force  until  repealed.  The 
fields  covered  by  these  last  two  are  covered  by  a  subsequent 
convention  concluded  at  Washington  on  June  2,  1911,  which 
is  designed  to  be  continuing  in  its  operation  and  is  open  to  the 
adhesion  of  all  the  nations  of  the  earth.  The  first  general  con- 
vention on  the  subject  of  industrial  property  was  signed  at 
Paris  on  March  20,  1883,°  to  the  final  Protocol  of  which  an 
0  Senate  Documents,  2nd  Session  6ist  Congress,  48,  1935. 


374  INTERNATIONAL  RELATIONS 

amendment  was  concluded  at  Madrid  on  April  15,  1891. 10 
An  additional  Act  was  signed  at  Brussels  on  December  14, 
IQOO.11  The  convention  of  June  2,  1911,  was  designed  to 
modify  and  add  to  the  prior  ones  and  is  as  follows: 

INDUSTRIAL  PROPERTY  CONVENTION 

Article  I.  The  contracting  countries  constitute  a  state  of  Union  for 
the  protection  of  industrial  property. 

Art  2.  The  subjects  or  citizens  of  each  of  the  contracting  countries 
shall  enjoy,  in  all  the  other  countries  of  the  Union,  with  regard  to  patents 
of  invention,  models  of  utility,  industrial  designs  or  models,  trade-marks, 
trade  names,  the  statements  of  place  of  origin,  suppression  of  unfair  com- 
petition, the  advantages  which  the  respective  laws  now  grant  or  may 
hereafter  grant  to  the  citizens  of  that  country.  Consequently,  they  shall 
have  the  same  protection  as  the  latter  and  the  same  legal  remedies  against 
any  infringements  of  their  rights,  provided  they  comply  with  the  for- 
malities and  requirements  imposed  by  the  National  laws  of  each  State 
upon  its  own  citizens.  Any  obligation  of  domicile  or  of  establishment  in 
the  country  where  the  protection  is  claimed  shall  not  be  imposed  on  the 
members  of  the  Union. 

Art.  3.  The  subjects  or  citizens  of  countries  which  do  not  form  part 
of  the  Union,  who  are  domiciled  or  own  effective  and  bona  fide  industrial 
or  commercial  establishments  in  the  territory  of  any  of  the  countries  of 
the  Union,  shall  be  assimilated  to  the  subjects  or  citizens  of  the  con- 
tracting countries. 

Art.  4.  (a)  Any  person  who  shall  have  duly  filed  an  application  for  a 
patent,  utility  model,  industrial  design  or  model,  or  trademark,  in  one  of 
the  contracting  countries,  or  the  successor  or  assignee  of  such  person  shall 
enjoy,  for  the  purpose  of  filing  application  in  the  other  countries,  and  sub- 
ject to  the  rights  of  third  parties,  a  right  of  priority  during  the  periods 
hereinafter  specified. 

(b)  Consequently,  the  subsequent  filing  in  one  of  the  other  countries 
of  the  Union,  prior  to  the  expiration  of  such  periods,  shall  not  be  in- 
validated by  acts  performed  in  the  interval,  especially  by  another  applica- 
tion, by  publication  of  the  invention  or  the  working  of  the  same,  by  the 
sale  of  copies  of  the  design  or  model,  nor  by  the  use  of  the  mark. 

(c)  The  periods  of  priority  above  referred  to  shall  be  twelve  months 
for  patents  and  models  of  utility  and  four  months  for  industrial  designs 
and  models  as  also  for  trademarks. 

(d)  Whoever  shall  wish  to  avail  himself  of  the  priority  of  an  anterior 
filing,  shall  be  required  to  make  a  declaration  showing  the  date  and  the 
country  of  this  filing.     Each  country  shall  determine  at  what  moment,  at 

10  Id.  48.     IQ43- 
"Id.  48.    1945. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    375 

the  latest,  this  declaration  shall  be  executed.  This  information  shall  be 
mentioned  in  the  publications  issued  by  the  competent  Administration, 
particularly  on  patents  and  the  specifications  relative  thereto.  The  con- 
tracting countries  shall  require  of  one  who  makes  a  declaration  of  priority 
the  production  of  a  copy  of  the  application  (specifications,  drawings,. etc.) 
previously  filed,  certified  to  be  a  true  copy  by  the  Administration  which 
shall  have  received  it.  This  copy  shall  be  dispensed  from  any  legaliza- 
tion. It  may  be  required  that  it  be  accompanied  by  a  certificate  of  the 
date  of  filing,  issuing  from  this  Administration,  and  of  a  translation. 
Other  formalities  shall  not  be  required  for  the  declaration  of  priority 
at  the  time  of  filing  the  application.  Each  contracting  country  shall  de- 
termine the  consequences  of  the  omission  of  the  formalities  prescribed  by 
the  present  article,  unless  these  consequences  exceed  the  loss  of  the  right 
of  priority. 

(e)    Later  other  justifications  can  be  demanded. 

Art.  4l/2.  Patents  applied  for  in  the  different  contracting  countries  by 
persons  admitted  to  the  benefit  of  the  Convention  in  the  terms  of  Articles 
2  and  3,  shall  be  independent  of  the  patents  obtained  for  the  same  invention 
in  the  other  countries,  adherent  or  not  to  the  Union. 

This  provision  shall  be  understood  in  an  absolute  manner,  particularly 
in  the  sense  that  the  patents  applied  for  during  the  term  of  priority  are 
independent,  as  much  from  the  point  of  view  of  the  causes  of  nullity  and 
of  forfeiture  as  from  the  point  of  view  of  the  normal  duration. 

It  applies  to  all  patents  existing  at  the  time  of  entrance  into  force. 

It  shall  be  likewise,  in  case  of  accession  of  new  countries,  for  patents 
existing  on  both  sides  at  the  time  of  accession. 

Art.  5.  The  importation  by  the  patentee,  into  the  country  where  the 
patent  has  been  granted,  of  articles  manufactured  in  any  of  the  countries 
of  the  Union  shall  not  entail  forfeiture. 

However,  the  patentee  shall  be  obliged  to  work  his  patent  according  to 
the  laws  of  the  country  into  which  he  introduces  the  patented  objects, 
but  with  the  restriction  that  the  patents  shall  not  be  liable  to  forfeiture  be- 
cause of  non-working  in  one  of  the  countries  of  the  Union  until  after  a 
term  of  three  years,  from  the  date  of  the  filing  of  the  application  in  that 
country,  and  only  in  case  the  patentee  shall  fail  to  show  sufficient  cause  for 
his  inaction. 

Art.  6.  Every  trademark  regularly  registered  in  the  country  of  origin 
shall  be  admitted  to  registration  and  protected  as  that  in  the  other  coun- 
tries of  the  Union. 

However,  there  may  be  refused  or  invalidated : 

1.  Marks  which  are  of  a  nature  to  infringe  rights  acquired  by  third 
parties  in  the  country  where  protection  is  claimed. 

2.  Marks  devoid  of  all  distinctive  character,   or   even   composed   ex- 
clusively of  signs  or  data  which  may  be  used  in  commerce,  to  designate  the 
kind,  quality,  quantity,  destination,  value,  place  of  origin  of  the  products 


376  INTERNATIONAL  RELATIONS 

or  the  time  of  production,  or  become  common  in  the  current  language  or 
the  legal  and  steady  customs  of  commerce  of  the  country  where  the  pro- 
tection is  claimed. 

In  the  estimation  of  the  distinctive  character  of  a  mark,  all  the  cir- 
cumstances existing  shall  be  taken  into  account,  particularly  the  duration 
of  the  use  of  the  mark. 

3.     Marks  which  are  contrary  to  morals  or  public  order. 

The  country  where  the  applicant  has  his  principal  establishment  shall  be 
considered  as  the  country  of  origin. 

Art.  7.  The  nature  of  the  product  on  which  the  trademark  is  to  be 
applied  cannot,  in  any  case,  be  an  obstacle  to  the  filing  of  the  mark. 

Art.  7l/2.  The  contracting  countries  agree  to  admit  for  filing  and  to 
protect  marks  belonging  to  associations  the  existence  of  which  is  not  con- 
trary to  the  law  of  the  country  of  origin,  even  if  these  associations  do 
not  possess  an  industrial  or  commercial  establishment. 

Each  country  shall  be  judge  of  the  special  conditions  under  which  an 
association  may  be  admitted  to  have  Jhe  marks  protected. 

Art.  8.  Trade  names  shall  be  protected  in  all  the  countries  of  the 
Union  without  the  obligation  of  filing,  whether  it  be  a  part  or  not  of  a 
trademark. 

Art.  9.  Any  product  bearing  illegally  a  trade-mark  or  a  trade  name 
shall  be  seized  at  importation  in  those  of  the  countries  of  the  Union  in 
which  this  mark  or  this  trade  name  may  have  a  right  to  legal  protection. 

If  the  laws  of  a  country  do  not  admit  of  seizure  on  importation,  the 
seizure  shall  be  replaced  by  prohibition  of  importation. 

The  seizure  shall  be  likewise  effected  in  the  country  where  illegal 
affixing  shall  have  been  made,  or  in  the  country  into  which  the  product 
shall  have  been  imported. 

The  seizure  shall  be  made  at  the  request  of  the  public  ministry,  or  any 
other  competent  authority,  or  by  an  interested  party,  individual  or  society, 
in  conformity  to  the  interior  laws  of  each  country. 

The  authorities  shall  not  be  required  to  make  the  seizure  in  transit. 

If  the  laws  of  a  country  admit  neither  of  a  seizure  on  importation  nor 
the  prohibition  of  importation,  nor  seizure  in  said  country,  these  measures 
shall  be  replaced  by  the  acts  and  means  which  the  law  of  such  country 
would  assure  in  like  case  to  its  own  citizens. 

Art.  10.  The  provisions  of  the  preceding  article  shall  be  applicable  to 
any  product  bearing  falsely,  as  indication  of  the  place  of  production,  the 
name  of  a  definite  locality,  when  this  indication  shall  be  joined  to  a 
fictitious  or  borrowed  trade  name  with  an  intention  to  defraud. 

The  interested  party  is  considered  any  producer,  manufacturer  or 
merchant,  engaged  in  the  production,  manufacture  or  commerce  of  such 
jHroduct,  and  established  either  in  the  locality  falsely  indicated  as  place  of 
production  or  in  the  region  where  this  locality  is  situated. 

Art.  iol/2.  All  the  contracting  countries  agree  to  assure  to  the  members 
of  the  Union  an  effective  protection  against  unfair  competition. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    377 

Art.  II.  The  contracting  countries  shall  accord,  in  conformity  with 
their  national  laws,  a  temporary  protection  to  patentable  inventions, 
working  models,  industrial  models  or  designs,  as  well  as  to  trademarks, 
for  products  exhibited  at  international  expositions,  official  or  officially 
recognized,  organized  in  the  territory  of  one  of  them. 

Art.  12.  Each  of  the  contracting  countries  agrees  to  establish  a  special 
service  for  Industrial  Property  and  a  central  office  for  the  communication 
to  the  public  of  patents,  working  models,  industrial  models  for  designs 
and  trademarks. 

This   service  shall  publish,  as  often  as  possible,  an  official  periodical. 

Art.  13.  The  international  Office  instituted  at  Berne  under  the  name  of 
"Bureau  international  pour  la  protection  de  la  Propriete  industrielle"  is 
placed  under  the  high  authority  of  the  Government  of  the  Swiss  Con- 
federation, which  regulates  its  organization  and  supervises  its  operation. 

The  international  Bureau  shall  centralize  information  of  any  nature 
relative  to  the  protection  of  industrial  property,  and  form  it  in  a  general 
statistical  report  which  shall  be  distributed  to  all  Administrations.  It 
shall  proceed  to  considerations  of  common  utility  interesting  to  the 
Union  and  shall  edit,  with  the  aid  of  the  documents  put  at  its  disposal 
by  the  different  Administrations,  a  periodical  in  the  French  language  on 
questions  concerning  the  object  of  the  Union. 

Numbers  of  this  periodical,  like  all  the  documents  published  by  the 
international  Bureau,  shall  be  distributed  among  the  Administrations  of 
the  countries  of  the  Union,  in  proportion  to  the  number  of  contributive 
units  mentioned  below.  Copies  and  supplementary  documents  which 
shall  be  requested,  either  by  the  Administrations,  or  by  societies  or  in- 
dividuals, shall  be  paid  for  separately. 

The  international  Bureau  shall  hold  itself  at  all  times  at  the  disposition 
of  the  members  of  the  Union,  to  furnish  them  special  information  of 
which  they  may  have  need,  on  the  questions  relative  to  the  international 
service  of  industrial  property.  It  shall  make  an  annual  report  of  its 
management  which  shall  be  communicated  to  all  the  members  of  the 
Union. 

The  official  language  of  the  international  Bureau  shall  be  French. 

The  expense  of  the  international  Bureau  shall  be  borne  in  common 
by  the  contracting  countries.  They  may  not,  in  any  case,  exceed  the 
sum  of  sixty  thousand  francs  per  year. 

In  order  to  determine  the  contributive  part  of  each  of  the  countries 
in  this  sum  total  of  the  expenses,  all  the  contracting  countries  and  those 
which  later  join  the  Union  shall  be  divided  into  six  classes,  each  con- 
tributing in  proportion  to  a  certain  number  of  units,  to-wit: 

Class  i — Units:  25 
Class  2 —  "  20 
Class  3—  "  IS 
Class  4 —  "  10 
Class  5-  "  5 
Class  6 —  "  3 


37«  INTERNATIONAL  RELATIONS 

These  coefficients  shall  be  multiplied  by  the  number  of  countries  of 
each  class,  and  the  sum  of  the  products  thus  obtained  shall  furnish  the 
number  of  units  by  which  the  total  expenses  are  to  be  divided.  The 
quotient  shall  give  the  amount  of  the  unit  of  expense. 

Each  of  the  contracting  countries  shall  designate  at  the  time  of  its 
accession,  the  class  in  which  it  wishes  to  be  ranked. 

The  Government  of  the  Swiss  Confederation  shall  supervise  the  ex- 
penses of  the  international  Bureau,  make  necessary  advances  and  draw 
up  annual  statements  of  accounts  which  shall  be  communicated  to  all 
the  other  Administrations. 

Art.  14.  The  present  Convention  shall  be  submitted  to  periodical  re- 
visions with  a  view  to  introducing  improvements  in  it  of  a  nature  to 
perfect  the  system  of  the  Union. 

To  this  end  conferences  of  the  delegates  of  the  contracting  countries 
shall  be  held  successively  in  one  of  the  said  countries. 

The  Administration  of  the  country  where  the  Conference  is  to  be  held 
shall  prepare,  with  the  concurrence  of  the  international  Bureau  the  works 
of  such  Conference. 

The  Director  of  the  international  Bureau  will  assist  at  the  meetings  of 
the  Conference  and  take  part  in  the  discussions  without  a  vote. 

Art.  15.  It  is  understood  that  the  contracting  countries  reserve  to  them- 
selves respectively  the  right  to  make  separately,  between  themselves,  special 
arrangements  for  the  protection  of  industrial  property,  in  so  far  as  these 
arrangements  may  not  interfere  with  the  provisions  of  the  present  Con- 
vention. 

Art.  16.  The  countries  which  have  not  taken  part  in  the  present  Con- 
vention shall  be  permitted  to  adhere  to  it  upon  their  request. 

Notice  of  adhesion  shall  be  made  through  diplomatic  channels  to  the 
Government  of  the  Swiss  Confederation,  and  by  the  latter  to  all  the  others. 

It  shall  entail  complete  adhesion  to  all  the  clauses  and  admission  to  all 
the  advantages  stipulated  by  the  present  Convention,  and  shall  take 
effect  one  month  after  the  notification  made  by  the  Government  of  the 
Swiss  Confederation  to  the  other  unionist  countries,  unless  a  later  date 
shall  have  been  indicated  by  the  adhering  country. 

Art.  I&/2.  The  contracting  countries  have  the  right  to  adhere  at  any 
time  to  the  present  Convention  for  their  colonies,  possessions,  dependen- 
cies and  protectorates,  or  for  certain  ones  of  them. 

They  may,  to  this  end,  either  make  a  general  declaration  by  which  all 
their  colonies,  possessions,  dependencies  and  protectorates  are  included 
in  the  adherence,  or  expressly  name  those  included  therein,  or  simply  in- 
dicate those  excluded  from  it. 

This  declaration  shall  be  made  in  writing  to  the  Government  of  the 
Swiss  Confederation  and  by  the  latter  made  to  all  the  others. 

The  contracting  countries  can,  under  like  conditions,  renounce  the  Con- 
vention for  their  colonies,  possessions,  dependencies,  and  protectorates, 
or  for  certain  ones  of  them. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    379 

Art.  17.  The  fulfillment  of  the  reciprocal  obligations  contained  in  the 
present  Convention  is  subordinated,  in  so  far  as  need  be,  to  compliance 
with  the  formalities  and  regulations  established  by  the  constitutional  laws 
of  those  of  the  contracting  countries  which  are  bound  to  secure  the  applica- 
tion of  the  same  which  they  engage  to  do  with  the  least  possible  delay. 

Art.  i7l/t.  The  Convention  shall  remain  in  force  an  indefinite  time, 
until  the  expiration  of  one  year  from  the  day  when  the  renunciation  shall 
be  made. 

This  renunciation  shall  be  addressed  to  the  Government  of  the  Swiss 
Confederation.  It  shall  affect  only  the  country  giving  such  notice,  the 
Convention  remaining  operative  as  to  the  other  contracting  countries. 

Art.  18.  The  present  Act  shall  be  ratified,  and  the  ratifications  filed  in 
Washington,  at  the  latest,  April  i,  1913.  It  shall  be  put  into  execution 
among  the  countries  which  shall  have  ratified  it,  one  month  after  the 
expiration  of  this  period  of  time. 

This  Act,  with  its  final  Protocol,  shall  replace,  in  the  relations  of 
the  countries  which  shall  have  ratified  it :  the  Convention  of  Paris,  March 
20,  1883 ;  the  Final  Protocol  annexed  to  that  act ;  The  Protocol  of  Madrid, 
April  15,  1891  relating  to  the  dotation  of  the  international  Bureau,  and  the 
additional  act  of  Brussels,  December  14,  1900.  However  the  Acts  cited 
shall  remain  binding  on  the  countries  which  shall  not  have  ratified  the 
present  Act. 

Art.  19.  The  present  Act  shall  be  signed  in  a  single  copy,  which  shall 
be  filed  in  the  archives  of  the  Government  of  the  United  States.  A 
certified  copy  shall  be  sent  by  the  latter  to  each  of  the  unionist  Govern- 
ments. 

In  Witness  Whereof,  the  respective  plenipotentiaries  have  signed  the 
present  Act. 

Done  at  Washington,  in  a  single  copy,  this  second  day  of  June,  1911. 

(Signatures)12 

FINAL  PROTOCOL 

At  the  time  of  proceeding  to  the  signing  of  the  Act  concluded  on  this 
day,  the  undersigned  Plenipotentiaries  are  agreed  upon  the  following: 

Ad  Article  I.  The  words  "Propriete  industrielle"  (Industrial  Property) 
shall  be  taken  in  their  broadest  acceptation ;  they  extend  to  all  production 
in  the  domain  of  agricultural  industries  (wines,  grains,  fruits,  animals, 
etc.),  and  extractives  (minerals,  mineral  waters,  etc.). 

Ad  Art.  2.  (a)  Under  the  name  of  patents  are  comprised  the  different 
kinds  of  industrial  patents  admitted  by  the  laws  of  the  contracting  coun- 
tries, such  as  patents  of  importation,  patents  of  improvement,  etc.,  for  the 
processes  as  well  as  for  the  products. 

(b)  It  is  understood  that  the  provision  in  Article  2  which  dispenses 
the  members  of  the  Union  from  obligation  of  domicile  and  of  establish- 

12  Senate  Documents,  3rd  Session    62nd  Congress,   10-367.     . 


380  INTERNATIONAL  RELATIONS 

ment  has  an  interpretable  character  and  must,  consequently,  be  applied  to 
all  the  rights  granted  by  the  Convention  of  March  20,  1883,  before  the 
entrance  into  force  of  the  present  Act. 

(e)  It  is  understood  that  the  provisions  of  Article  2  do  not  infringe 
the  laws  of  each  of  the  contracting  countries,  in  regard  to  the  procedure 
followed  before  their  courts  and  the  competency  of  those  courts,  as  well 
as  the  election  of  domicile  or  the  declaration  of  the  selection  of  an 
attorney  required  by  the  laws  on  patents,  working  models,  marks,  etc. 

Ad  Art.  4.  It  is  understood  that,  when  an  industrial  model  or  design 
shall  have  been  filed  in  a  country  by  virtue  of  the  right  of  priority  based 
on  the  filing  of  a  working  model,  the  term  of  priority  shall  be  only  that 
which  Article  4  has  fixed  for  industrial  models  and  designs. 

Ad  Art.  6.  It  is  understood  that  the  provisions  of  the  first  paragraph 
of  Article  6  do  not  exclude  the  right  to  require  of  the  depositor  a  cer- 
tificate of  regular  registration  in  the  country  of  origin,  issued  by  com- 
petent authority. 

It  is  understood  that  the  use  of  badges,  insigna  or  public  decorations 
which  shall  not  have  been  authorized  by  competent  powers,  or  the  use 
of  official  signs  and  stamps  of  control  and  of  guaranty  adopted  by  a 
unionist  country,  may  be  considered  as  contrary  to  public  order  in  the 
sense  of  No.  3  of  Article  6. 

However,  marks,  which  contain,  with  the  authorization  of  competent 
powers,  the  reproduction  of  badges,  decorations  or  public  insignia,  shall 
not  be  considered  as  contrary  to  public  order. 

It  is  understood  that  a  mark  shall  not  be  considered  as  contrary  to 
public  order  for  the  sole  reason  that  it  is  not  in  conformity  with  some 
provisions  of  laws  on  marks,  except  in  the  case  where  such  provision 
itself  concerns  public  order. 

The  present  Final  Protocol,  which  shall  be  ratified  at  the  same  time 
as  the  Act  concluded  on  this  day,  shall  be  considered  as  forming  an 
integral  part  of  this  Act,  and  shall  be  of  like  force,  value  and  duration. 

In  Witness  Whereof ;  the  respective  plenipotentiaries  have  signed  the 
present  Protocol. 

Done  at  Washington,  in  a  single  copy,  June  2,  1911. 

(Signatures)13 

The  foregoing  convention  illustrates  how  rapidly  interna- 
tional legislation  is  being  assimilated  to  that  of  state  legis- 
latures. The  subject  of  the  convention  has  been  considered 
and  amended  by  successive  conferences  beginning  with  that  of 
1883.  Prior  to  that  time  the  subjects  of  patents,  models  and 
trademarks  had  been  dealt  with  in  separate  treaties  between 
two  nations  of  which  great  numbers  had  been  made.  The 

13  Senate  Documents,  3d  Session    62nd  Congress,  10,  367. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    381 

advantages  of  general  legislation  on  the  subject  are  obvious. 
The  foregoing  convention  renders  the  treaty  obligations  of  Ger- 
many, Austria-Hungary,  Belgium,  Brazil,  Cuba,  Denmark,  the 
Dominican  Republic,  Spain,  United  States,  France,  Great 
Britain,  Italy,  Japan,  Mexico,  Norway,  the  Netherlands, 
Portugal,  Servia,  Sweden  and  Switzerland  to  each  other  in  re- 
spect to  the  matters  covered  by  the  convention  uniform  and 
continuing  until  a  party  sees  fit  to  withdraw.  This  any  nation 
may  do  without  impairing  the  obligations  of  the  other  parties. 
Any  other  nation  desiring  to  become  a  party  may  do  so  simply 
by  giving  notice  of  its  adherence.  Article  14  provides  for 
periodical  revisions  of  the  convention  with  a  view  to  its  im- 
provement. Much  may  be  said  in  favor  of  this  method  of 
making  international  law.  The  plenipotentiaries  who  meet, 
agree  on,  and  sign  the  convention  do  not  absolutely  bind  any 
nation.  The  darft  is  tentative  until  ratified  by  the  govern- 
ments they  represent.  It  must  undergo  the  criticism  of  the 
proper  departments  of  each  government  and  has  no  force  but 
the  intrinsic  merits  of  its  provisions.  Acceptance  of  it  is  vol- 
untary and  may  be  withdrawn  at  pleasure  by  giving  the  pre- 
scribed notice.  In  the  consultations  of  the  delegates  who 
formulate  the  convention  there  is  opportunity  for  the  utmost 
freedom  in  the  exchange  of  views,  but  a  manifest  necessity  for 
considerate  treatment  of  every  proposition  advanced  by  any 
delegate.  The  body  may  determine  differences  of  opinion 
by  a  majority  of  votes,  but  the  final  result  must  be  like  the 
verdict  of  an  English  jury,  unanimous,  for  no  plenipotentiary 
can  be  forced  to  agree  to  anything.  A  most  important  ad- 
vantage in  the  method  of  formulating  treaties  by  a  separate 
body  considering  one  subject  only  is  that  the  plenipotentiaries 
can  be  chosen  from  men  especially  versed  in  the  subject  under 
consideration.  The  Congress  of  the  United  States  and  the 
state  legislatures  deal  with  a  great  variety  of  subjects  all  at 
the  same  time.  Even  the  committees  to  whom  the  various 
bills  are  referred  often  have  a  mass  of  matters  for  considera- 
tion on  subjects  as  to  which  they  have  no  special  knowledge  or 
qualifications  to  judge.  The  legislative  body  as  a  whole  passes 
on  measures  in  great  numbers  as  to  which  a  large  part  of  the 


382  INTERNATIONAL  RELATIONS 

membership  are  in  no  position  to  form  an  independent  judg- 
ment. It  is  not  surprising  that  we  have  crude  legislation,  but 
rather  that  we  do  not  have  more  of  it.  A  body  of  experts 
representing  many  leading  nations  meeting  and  conferring  for 
the  single  purpose  of  formulating  a  law  covering  a  definite 
limited  field  would  seem  to  be  very  nearly  an  ideal  law-making 
body. 

The  foregoing  convention  is  somewhat  peculiar  in  that  it 
deals  with  the  rights  of  the  citizens  of  each  country  in  every 
other  country  in  dealing  with  the  citizens  of  that  country. 
Its  purpose  is  to  extend  a  uniform  law  for  the  protection  of  the 
inventor  in  his  invention,  the  manufacturer  in  his  product, 
and  the  merchant  in  the  commodities  in  which  he  deals,  in  all 
the  countries  alike.  The  advantages  of  uniform  laws  of  trade 
throughout  the  whole  world  have  long  been  felt.  The  mer- 
chants, bankers  and  carriers  have  been  pioneers  in  this  unifica- 
tion of  the  law,  and  the  name  law  merchant  has  been  given 
to  those  rules  of  commercial  dealings  and  obligations  which 
are  generally  accepted  as  law  throughout  the  civilized  world. 
The  provisions  of  this  convention  extend  this  uniformity  over 
the  great  field  of  invention  to  which  this  age  owes  so  much. 
The  evils  sometimes  complained  of  as  the  result  of  granting 
monopolies  of  inventions  are  short  lived  when  contrasted  with 
the  benefits  resulting  to  the  public  after  the  patent  expires. 

A  Sanitary  Convention  to  prevent  the  spread  of  the  plague 
and  cholera,  containing  184  articles,  was  signed  at  Paris  on 
December  3,  1903,  by  representatives  of  the  following  coun- 
tries :  Germany,  Austria-Hungary,  Belgium,  Brazil,  Spain, 
United  States,  France,  Great  Britain,  Greece,  Italy,  Luxem- 
burg, Montenegro,  the  Netherlands,  Persia,  Portugal,  Rou- 
mania,  Russia,  Servia,  Switzerland  and  Egypt. 

On  October  14,  1905,  another  convention  on  the  same  sub- 
ject and  yellow  fever  also  was  concluded  at  Washington  by 
delegates  of  Chile,  Costa  Rica,  Cuba,  Dominican  Republic, 
Ecuador,  Guatemala,  Mexico,  Nicaragua,  Peru,  United  States, 
and  Venezuela. 

These  conventions  were  followed  by  a  more  full  and  carefully 
prepared  treaty  signed  at  Paris  on  January  17,  1912,  by  pleni- 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    383 

potentiaries  of  the  following  nations :  Germany,  the  United 
States,  the  Argentine  Republic,  Austria-Hungary,  Belgium, 
Bolivia,  Brazil,  Bulgaria,  Chile,  Colombia,  Costa  Rica,  Cuba, 
Denmark,  Ecuador,  Spain,  France,  Great  Britain,  Greece, 
Guatemala,  Haiti,  Honduras,  Italy,  Luxemburg,  Mexico,  Mon- 
tenegro, Norway,  Panama,  the  Netherlands,  Persia,  Portugal, 
Roumania,  Russia,  Salvador,  Servia,  Siam,  Swden,  Switzer- 
land, Turkey,  Egypt,  and  Uruguay.  A  full  copy  of  this  con- 
vention follows. 

INTERNATIONAL  SANITARY  CONVENTION 
Title    I — General    Provisions 

Chapter  I.  Rules  to  be  observed  by  the  countries  signing  the  Convention 
as  soon  as  plague,  cholera,  or  yelloiv  fever  appears,  in  their  territory. 

Section  I — Notification  and  subsequent  communications  to 
the  other  countries 

Art.  I.  Each  Government  shall  immediately  notify  the  other  Govern- 
ments of  the  first  authentic  case  of  plague,  cholera,  or  yellow  fever  dis- 
covered in  its  territory. 

Likewise  the  first  authentic  case  of  cholera,  plague,  or  yellow  fever 
occurring  outside  the  districts  already  stricken  shall  constitute  the  object 
of  an  immediate  notification  to  the  other  Governments. 

Art.  2.  Every  notification  as  provided  in  article  I  shall  be  accompanied 
or  very  promptly  followed  by  particulars  regarding : 

1.  The  neighborhood  in  which  the  disease  has  appeared; 

2.  The  date  of  its  appearance,  its  origin,  and  its  form ; 

3.  The  number  of  established  cases  and  the  number  of  deaths; 

4.  The  extent  of  the  area  or  areas  affected ; 

5.  In  the  case  of  plague,  the  existence  of  plague  or  an  unusual  mortality 
among  rats ; 

6.  In  the  case  of  yellow  fever,  the  existence  of  Stegomya  calopus; 

7.  -The   measures    immediately   taken. 

Art.  3.  The  notification  and  the  information  contemplated  in  articles 
i  and  2  are  to  be  addressed  to  the  diplomatic  or  consular  agencies  in 
the  capital  of  the  contaminated  country. 

In  the  case  of  countries  not  represented  there,  they  shall  be  transmitted 
directly  by  telegraph  to  the  Governments  of  these  countries. 

Art.  4.  The  notification  and  the  information  contemplated  in  articles 
I  and  2  shall  be  followed  by  subsequent  communications  sent  regularly, 
so  as  to  keep  the  Governments  informed  as  to  the  progress  of  the 
epidemic. 

These  communications  which  shall  be  sent  at  least  once  a  week,  and 


384  INTERNATIONAL  RELATIONS 

which  shall  be  as  complete  as  possible,  shall  state  more  particularly  the 
precautions  taken  with  a  view  to  preventing  the  spread  of  the  disease. 

They  shall  specify:  (i)  The  prophylactic  measures  applied  in  regard  to 
sanitary  or  medical  inspection,  isolation,  and  disinfection;  (2)  The  meas- 
ures enforced  upon  the  departure  of  ships  in  order  to  prevent  the  ex- 
portation of  the  disease  and  especially,  in  the  cases  contemplated  under 
Nos.  5  and  6  of  article  2  above,  the  measures  taken  respectively  against 
rats  and  mosquitoes. 

Art.  5.  The  prompt  and  faithful  execution  of  the  foregoing  provisions 
is  of  prime  importance. 

The  notifications  are  of  no  real  value  unless  each  Government  is  itself 
opportunely  informed  of  cases  of  plague,  cholera,  and  yellow  fever  and 
of  doubtful  cases  occurring  in  its  territory.  It  cannot  therefore  be  too 
strongly  recommended  to  the  various  Governments  that  they  make  com- 
pulsory the  announcement  of  cases  of  plague,  cholera,  and  yellow  fever 
and  that  they  keep  themselves  informed  of  any  unusual  mortality  among 
rats,  especially  in  ports. 

Art.  6.  It  is  desirable  that  neighboring  countries  make  special  arrange- 
ments with  a  view  to  organizing  a  direct  information  service  among  the 
competent  heads  of  departments  in  matters  concerning  contiguous  ter- 
ritories or  those  which  have  close  commercial  relations. 

Section  II. — Conditions  which  warrant  considering  a  territorial  area  as 
being  contaminated  or  as  having  become  healthy  again. 

Art.  7.  The  notification  of  a  single  case  of  plague,  cholera,  or  yellow 
fever  shall  not  involve  the  application,  against  the  territorial  area  in  which 
it  occurred,  of  the  measures  prescribed  in  Chapter  II  hereinbelow. 

However,  when  several  unimportant  cases  of  plague  or  yellow  fever 
have  appeared  or  when  the  cholera  cases  become  localized,  the  area  may 
be  considered  contaminated. 

Art.  8.  In  order  to  confine  the  measures  to  the  stricken  regions  only, 
the  Governments  shall  apply  them  only  to  arrivals  from  contaminated 
areas. 

By  the  word  area  is  meant  a  portion  of  territory  definitely  specified  in 
the  particulars  which  accompany  or  follow  the  notification :  for  instance, 
a  province,  a  government,  a  district,  a  department,  a  canton,  an  island,  a 
commune,  a  city,  a  quarter  of  a  city,  a  village,  a  port,  a  polder  a  hamlet, 
etc.,  whatever  be  the  area  and  population  of  these  portions  of  territory. 

However,  this  restriction  to  the  contaminated  area  shall  only  be  accepted 
upon  the  formal  condition  that  the  Government  of  the  contaminated  coun- 
try take  the  necessary  measures:  (i)  to  combat  the  spread  of  the  epi- 
demic and  (2),  if  it  is  a  question  of  cholera,  to  prevent,  unless  previously 
disinfected,  the  exportation  of  the  things  mentioned  under  Nos.  i  and  2 
of  article  13  and  coming  from  the  contaminated  area. 

When  an  area  is  contaminated,  no  restrictive  measures  shall  be  taken 
against  arrivals  from  such  area  if  such  arrivals  have  left  it  at  least  five 
lays  before  the  beginning  of  the  epidemic. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    385 

Art.  9.  In  order  that  an  area  may  be  considered  as  being  no  longer 
contaminated  it  must  be  officially  stated : 

1.  That  there  has  neither  been  a  death  nor  a  new  case,  as  regards  the 
plague  or  cholera  for  five  days,   and  as   regards   the  yellow   fever   for 
eighteen  days,  either  since  the  isolation  or  since  the  death  or  cure  of  the 
last  patient ; 

2.  That  all  measures   for  disinfection  have  been  applied ;  besides,  if 
it  is  a  case  of  plague,  that  the  measures  against  rats  have  been  executed, 
and,  in  case  of  yellow  fever,  that  the  precautions  against  mosquitoes  have 
been  taken. 

Section  III — Measures  in  contaminated  ports  upon  the  departure 
of  vessels. 

Art.  10.  The  competent  authority  shall  be  obliged  to  take  effective 
measures : 

1.  To  prevent  the  embarcation  of  persons  showing  symptoms  of  plague, 
cholera,  or  yellow  fever; 

2.  In  case  of  plague  or  cholera,  to  prevent  the  exportation  of  mer- 
chandise or  any  articles  which  he  may  consider  contaminated  and  which 
have  not  been  previously  disinfected  on  land,  under  the  supervision  of  the 
physician  delegated  by  the  public  authority; 

3.  In  case  of  plague,  to  prevent  the  embarcation  of  rats; 

4.  In  case  of  cholera,  to  see  that  the  drinking  water  taken  on  board  is 
wholesome ; 

5.  In  case  of  yellow   fever,   to  prevent  mosquitoes   from   coming  on 
board. 

Chapter  II — Measures  of  defense  against  Contaminated  Territories 
Section  I — Publication  of  the  Prescribed  Measures 

Art.  ii.  The  Government  of  each  country  shall  be  obliged  to  im- 
mediately publish  the  measures  which  it  believes  necessary  to  prescribe 
with  regard  to  arrivals  from  a  contaminated  country  or  territorial  area. 

It  shall  at  once  communicate  this  publication  to  the  diplomatic  or  con- 
sular officer  of  the  contaminated  country  residing  in  its  capital,  as  well 
as  to  the  international  boards  of  health. 

It  shall  likewise  be  obliged  to  make  known,  through  the  same  channels, 
the  revocation  of  these  measures  or  any  modification  which  may  be  made 
therein. 

In  default  of  a  diplomatic  or  consular  office  in  the  capital,  the  com- 
munications shall  be  made  directly  to  the  Government  of  the  country  con- 
cerned. 

Section  II — Merchandise — Disinfection — Importation  and 

Transit — Baggage 
Art.  12.    No  merchandise  is  capable  by  itself  of  transmitting  plague, 


386  INTERNATIONAL  RELATIONS 

cholera,  or  yellow  fever.  It  only  becomes  dangerous  when  contaminated 
by  plague  or  cholera  products. 

Art.  13.  Disinfection  shall  be  applied  only  in  case  of  plague  or  cholera 
and  only  to  merchandise  and  articles  which  the  local  health  authority 
considers  contaminated. 

However  in  case  of  plague  or  cholera,  the  merchandise  and  articles 
enumerated  below  may  be  subjected  to  disinfection  or  even  prohibited 
entry,  independently  of  any  proof  that  they  are  or  are  not  contaminated: 

1.  Body  linen,  clothing  worn    (wearing  apparel),  and  bedding  which 
has  been  used. 

When  these  articles  are  being  transported  as  baggage  or  as  a  result 
of  change  of  residence  (household  goods),  they  shall  not  be  prohibited 
and  are  subject  to  the  provisions  of  article  20. 

Packages  left  by  soldiers  and  sailors  and  returned  to  their  country  after 
death  are  treated  the  same  as  the  articles  comprised  in  the  first  paragraph 
of  No.  i. 

2.  Rags  (including  those  for  making  paper),  with  the  exception,  as  to 
cholera,   of   compressed   rags   transported   as   wholesale    merchandise    in 
hooped  bales. 

Fresh  waste  coming  directly  from  spinning  mills,  weaving  mills,  manu- 
factories, or  bleacheries :  artificial  wools  (shoddy),  and  fresh  paper  trim- 
mings shall  not  be  forbidden. 

Art.  14.  The  transit  of  the  merchandise  and  articles  specified  under 
Nos.  i  and  2  of  the  preceding  articles  shall  not  be  prohibited  if  they  are 
so  packed  that  they  can  be  manipulated  en  route. 

Likewise,  when  the  merchandise  or  articles  are  transported  in  such  a 
manner  that  it  is  impossible  for  them  to  have  been  in  contact  with  con- 
taminated articles  en  route,  their  transit  across  an  infected  territorial  area 
shall  not  constitute  an  obstacle  to  their  entry  into  the  country  of  des- 
tination. 

Art.  15.  The  merchandise  and  articles  specified  under  Nos.  I  and  2  of 
article  13  shall  not  be  subject  to  application  of  the  measures  prohibiting 
entry  if  it  is  proven  to  the  authorities  of  the  country  that  they  were  shipped 
at  least  five  days  before  the  beginning  of  the  epidemic. 

Art.  1 6.  The  mode  and  place  of  disinfection,  as  well  as  the  methods  to 
be  employed  for  the  destruction  of  rats,  insects,  and  mosquitos,  shall  be 
determined  by  the  authorities  of  the  country  of  destination.  These 
operations  shall  be  performed  in  such  a  manner  as  to  cause  the  least 
possible  injury  to  the  articles.  Clothing,  old  rags,  infected  materials 
for  dressing  wounds,  papers,  and  other  articles  of  little  value  may  be 
destroyed  by  fire. 

It  shall  devolve  upon  each  Nation  to  determine  the  question  as  to  the 
possible  payment  of  damages  as  a  result  of  the  disinfection  and  destruc- 
tion of  the  articles  mentioned  above  and  of  the  destruction  of  rats,  in- 
sects, and  mosquitos. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    387 

If,  on  the  occasion  of  the  taking  of  measures  for  the  destruction  of 
rats,  insects,  and  mosquitos  on  board  vessels,  the  health  authorities  should 
levy  a  tax  either  directly  or  through  a  society  or  private  individual,  the 
rate  of  such  tax  must  be  fixed  by  a  tariff  published  in  advance  and  so 
calculated  that  no  profit  shall  be  derived  by  the  Nation  or  the  Health 
Department  from  its  application  as  a  whole. 

Art.  17.  Letters,  and  correspondence,  printed  matter,  books,  news- 
papers, business  papers,  etc.,  (postal  parcels  not  included)  shall  not  be  sub- 
jected to  any  restriction  or  disinfection. 

In  case  of  yellow  fever,  postal  parcels  shall  not  be  subjected  to  any 
restriction  or  disinfection. 

Art.  18.  Merchandise,  arriving  by  land  or  sea,  shall  not  be  detained  at 
frontiers  or  in  ports. 

The  only  measures  which  it  is  permissible  to  prescribe  in  regard  to 
them  are  specified  in  articles  13  and  16  above. 

However,  if  merchandise  arriving  by  sea  in  bulk  or  in  defective  bails 
has  been  contaminated  during  the  passage  by  rats  known  to  be  stricken 
with  plague,  and  if  it  cannot  be  disinfected,  the  destruction  of  the  germs 
may  be  insured  by  storing  it  in  a  warehouse  for  a  maximum  period  of  two 
weeks. 

It  is  understood  that  the  application  of  this  last  measure  shall  not  entail 
any  delay  upon  the  vessel  or  any  extra  expense  as  a  result  of  the  lack  of 
warehouses  in  the  ports. 

Art.  19.  When  merchandise  has  been  disinfected  by  applying  the  pro- 
visions of  article  13,  or  temporarily  warehoused  in  accordance  with  the 
third  paragraph  of  article  18,  the  owner  or  his  representative  shall  be 
entitled  to  demand  from  the  health  authority  who  has  ordered  the  dis- 
infection or  storage,  a  certificate  setting  forth  the  measures  taken. 

Art.  20.  Soiled  linen,  clothing,  and  articles  constituting  part  of  bag- 
gage or  furniture  (household  goods)  coming  from  a  contaminated  ter- 
ritorial area  shall  only  be  disinfected  in  cases  of  plague  or  cholera  and 
only  when  the  health  authorities  consider  them  contaminated. 

Section  III — Measures  in  Ports  and  at  Maritime  Frontiers 
A.    Classification  of  Vessels 

Art.  21.  A  vessel  i-s  considered  as  infected  which  has  plague,  cholera, 
or  yellow  fever  on  board,  or  which  has  presented  one  or  more  cases  of 
plague,  cholera,  or  yellow  fever  within  seven  days. 

A  vessel  is  considered  as  suspicious  on  board  of  which  there  were 
cases  of  plague,  cholera,  or  yellow  fever  at  the  time  of  departure  or  have 
been  during  the  voyage,  but  on  which  there  have  been  no  new  cases 
within  seven  days. 

A  vessel  is  considered  as  uninfected  which,  although  coming  from  an 
infected  port,  has  had  neither  death  nor  any  case  of  plague,  cholera,  or 


388  INTERNATIONAL  RELATIONS 

yellow  fever  on  board  either  before  departure,  during  the  voyage,  or  at  the 
time  of  arrival. 

B.    Measures  concerning  Plague 

Art.  22.  Ships  infected  with  plague  shall  be  subjected  to  the  following 
measures : 

1.  Medical  inspection. 

2.  The  patients  shall  be  immediately  landed  and  isolated. 

3.  All  persons  who  have  been  in  contact  with  the  patients  and  those 
whom  the  health  authority  of  the  port  has  reason  to  consider  suspicious 
shall  be  landed  if  possible.      They  may  be  subjected  either  to  observation, 
or  to  surveillance,  or  to  observation  followed  by  surveillance,  and  the  total 
duration  of  these  measures  shall  not  exceed  five  days  from  the  date  of 
arrival. 

It  is  within  the  discretion  of  the  health  authority  of  the  port  to  apply 
whichever  of  these  measures  appears  preferable  to  him  according  to  the 
date  of  the  last  case,  the  condition  of  the  vessel,  and  the  local  possibilities. 

4.  The  soiled  linen,  wearing  apparel,  and  other  articles  of  the  crew 
and  passengers  which  are  considered  by  the  health  authority  as  being  con- 
taminated shall  be  disinfected. 

5.  The  parts  of  the  vessel  which  have  been  occupied  by  persons  stricken 
with  plague  or  which  are  considered  by  the  health  authority  as  being  con- 
taminated shall  be  disinfected. 

6.  The  destruction  of  the  rats  on  the  vessel  shall  take  place  before 
or  after  the  discharge  of  the  cargo,  avoiding  injury  to  the  cargo,   the 
platings,  and  the  engines  as  far  as  possible.    The  operation  shall  be  per- 
formed as  soon  and  as  quickly  as  possible,  and  shall  not  in  any  event 
last  over   forty-eight  hours. 

In  the  case  of  vessels  in  ballast,  this  operation  shall  be  performed  as 
soon  as  possible  before  taking  on  cargo. 

Art.  23.  Vessels  suspected  of  plague  shall  be  subjected  to  the  measures 
indicated  under  Nos.  i,  4,  5,  and  6  of  article  22. 

Moreover,  the  crew  and  passengers  may  be  subjected  to  a  surveillance 
not  to  exceed  five  days  from  the  arrival  of  the  vessel.  The  landing  of 
the  crew  may  be  forbidden  during  the  same  period  except  in  connection 
with  the  service. 

Art.  24.  Vessels  uninfected  with  plague  shall  be  granted  partique  im- 
mediately, whatever  be  the  nature  of  their  bill  of  health. 

The  only  measures  which  the  authority  of  the  port  of  arrival  may  pre- 
scribe with  regard  to  them  shall  be  the  following: 

1.  Medical  inspection. 

2.  Disinfection  of  the  soiled  linen,  wearing  apparel,  and  other  articles 
of   the   crew   and   passengers,   but   only   in   exceptional   cases   when   the 
health  authority  has  special  reason  to  believe  that  they  are  contaminated. 

4.    Although  the  measure  should  not  be  laid  down  as  a  general  rule,  the 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    389 

health  authority  may  subject  vessels  coming  from  a  contaminated  port 
to  an  operation  designed  to  destroy  the  rats  on  board,  either  before  or 
after  the  discharge  of  the  cargo.  This  operation  should  take  place  as 
soon  and  as  quickly  as  possible  and  should  not  in  any  event  last  more 
than  twenty-four  hours,  avoiding  hindance  to  the  movements  of  the  pas- 
sengers and  crew  between  the  vessel  and  the  shore  and,  as  far  as  possible, 
injury  to  the  cargo,  plating,  and  engines. 

The  crew  and  the  passengers  may  be  subjected  to  a  surveillance  not 
to  exceed  five  days  from  the  date  on  which  the  vessel  left  the  contaminated 
port.  The  landing  of  the  crew  may  also  be  forbidden  during  the  same 
time  except  in  connection  with  the  service. 

The  competent  authority  of  the  port  of  arrival  may  always  demand  an 
affidavit  from  the  ship's  physician,  or  in  default  of  such  physician  from 
the  captain,  to  the  effect  that  there  has  not  been  a  case  of  plague  on  the 
vessel  since  its  departure  and  that  no  unusual  mortality  among  the  lats 
has  been  observed. 

Art.  «5.  When  rats  have  been  recognized  as  plague-stricken  on  board 
an  uninfected  vessel  as  a  result  of  a  bacteriological  examination,  or  when 
an  unusual  mortality  has  been  discovered  among  these  rodents,  the  follow- 
ing measures  shall  be  applied: 

I.  Vessels  with  plague-stricken  rats : 

a)  Medical  inspection. 

b)  The  rats  shall  be  destroyed  either  before  or  after  the  discharge  of 
the  cargo,  avoiding  injury,  as  far  as  possible,  to  the  cargo,  plating,  and 
engines.      On  vessels  in  ballast  this  operation  shall  be  performed  as  soon 
and  as  quickly  as  possible  and  at  all  events  before  taking  on  cargo. 

c)  The  parts  of  the  vessel  and  the  articles  which  the  health  authority 
considers  to  be  contaminated   shall  be   disinfected. 

d)  The  passengers  and  crew  may  be  subjected  to  a  surveillance  whose 
duration  shall  not  exceed  five  days  from  the  date  of  arrival. 

II.  Vessels  on  which  an  unusual  mortality  among  rats  is  discovered: 

a)  Medical  inspection. 

b)  An  examination  of  the  rats  with  regard  to  the  plague  shall  be  made 
as  far  and  as  quickly  as  possible. 

c)  If  the  destruction  of  the  rats  is  deemed  necessary,  it  shall  take  place 
under  the  conditions  indicated  above  for  vessels  with  plague-stricken  rats. 

d)  Until  all  suspicion  is  removed,  the  passengers  and  crew  may  be 
subjected  to  a  surveillance  whose  duration  shall  not  exceed  five  days  from 
the  date  of  arrival. 

Art.  26.  It  is  recommended  that  vessels  be  periodically  rid  of  their 
rats,  the  operation  to  take  place  at  least  once  every  six  months.  The 
health  officer  of  the  port  in  which  the  rat  ridding  operation  is  performed 
shall  deliver  to  the  captain,  owner,  or  agent,  wherever  request  is  made 
therefor,  a  certificate  showing  the  date  of  the  operation,  the  port  where 
it  was  performed,  and  the  method  employed. 


390  INTERNATIONAL  RELATIONS 

It  is  recommended  that  the  health  authorities  of  ports  at  which  vessels 
stop  which  practice  periodical  rat  ridding  keep  account  of  the  aforemen- 
tioned certificate  in  determining  the  measures  to  be  taken,  especially  as 
regards  the  provisions  of  No.  3  of  the  2d  paragraphs  of  article  24. 

C.    Measures  concerning  Cholera 

Art.  27.  Vessels  infected  with  cholera  shall  be  subjected  to  the  follow- 
ing measures : 

1.  Medical  inspection. 

2.  The  patients  shall  be  immediately  landed  and  isolated. 

3.  The  other  persons  shall  likewise  be  landed  and  subjected,  from  the 
date  of  arrival  of  the  vessel,  to  an  observation  or   surveillance  whose 
duration  shall  vary  according  to  the  sanitary  condition  of  the  vessel  and 
the  date  of  the  last  case,  without,  however,  exceeding  five  days;  provided 
this  period  is  not  exceeded,  the  medical  authority  may  proceed  to  make 
a  bacteriological  examination  as   far  as  necessary. 

4.  The  soiled  linen,  wearing  apparel,  and  other  articles  of  the  crew 
and  passengers  which  are  considered  by  the  health  authority  of  the  port 
as   being  contaminated   shall  be  disinfected. 

5.  The  parts  of  the  vessel  which  have  been  occupied  by  cholera  patients 
or  which  are  considered  by  the  health  authority  as  being  contaminated  shall 
be  disinfected. 

6.  When  the  drinking  water  stored  on  board  is  considered  suspicious, 
it  shall  be  turned  off,  after  being  disinfected,  and  replaced  if  necessary 
by  water  of  good  quality. 

The  health  authority  may  prohibit  turning  water  ballast  off  in  ports 
if  it  has  been  taken  on  in  a  contaminated  port,  unless  it  has  been  previously 
disinfected. 

It  may  be  forbidden  to  let  run  or  throw  human  dejections  or  the  re- 
siduary waters  of  the  vessel  into  the  waters  of  the  port,  unless  they  are 
disinfected. 

Art.  28.  Vessels  suspected  of  cholera  shall  be  subjected  to  the  measures 
prescribed  under  Nos.  i,  4,  5,  and  6  of  article  27. 

The  crew  and  passengers  may  be  subjected  to  a  surveillance  not  to 
exceed  five  days  from  the  arrival  of  the  vessel.  It  is  recommended  that 
the  landing  of  the  crew  be  prevented  during  the  same  period  except  for 
purposes  connected  with  the  service. 

Art.  29.  Vessels  uninfected  with  cholera  shall  be  granted  partique  im- 
mediately, whatever  be  the  nature  of  their  bill  of  health. 

The  only  measures  to  which  they  may  be  subjected  by  the  health 
authority  of  the  port  of  arrival  shall  be  those  provided  under  Nos.  i,  4,  and 
6  of  article  27. 

The  health  authority  may  forbid  letting  water  ballast  off  in  ports  if  it 
has  been  taken  on  in  a  contaminated  port,  unless  it  has  been  previously 
disinfected. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    391 

With  regard  to  the  state  of  their  health,  the  crew  and  passengers  may  be 
subjected  to  surveillance  not  exceeding  five  days  from  the  date  on  which 
the  vessel  left  the  contaminated  port. 

It  is  recommended  that  the  landing  of  the  crew  be  forbidden  during 
the  same  period  except  for  purposes  connected  with  the  service. 

The  competent  authority  of  the  port  of  arrival  may  always  demand 
an  affidavit  from  the  ship's  physician  or,  in  the  absence  of  such,  from 
the  captain,  to  the  effect  that  there  has  not  been  a  case  of  cholera  on  board 
since  the  vessel  sailed. 

D.    Measures  concerning  the  Yellow  Fever 

Art.  30.  Vessels  infected  with  yellow  fever  shall  be  subjected  to  the 
following  measures : 

1.  Medical    inspection. 

2.  The  patients  shall  be  landed  under  such  conditions  that  they  will  be 
protected  from  mosquito  bites,  and  duly  isolated. 

3.  The  other  persons  may  likewise  be  landed  and  subjected,  from  the 
date  of  arrival,  to  an  observation  or  surveillance  not  exceeding  six  days. 

4.  Vessels  shall  anchor,  as  far  as  possible,  at  a  distance  of  200  meters 
from  the  shore. 

5.  If  possible,  the  mosquitos  on  board  shall  be  exterminated  before  the 
cargo  is  discharged.     If  this  is  impossible,  all  necessary  measures  shall  be 
taken  in  order  that  the  persons  employed  in  discharging  the  cargo  may 
not  be  infected.     These  persons  shall  be  subjected  to  a  surveillance  not  to 
exceed  six  days  from  the  time  they  cease  to  work  on  board. 

Art.  31.  Vessels  suspected  of  yellow  fever  shall  be  subjected  to  the 
measures  indicated  under  Nos.  I,  4  and  5  of  the  preceding  article. 

Moreover,  the  crew  and  passengers  may  be  subjected  to  a  surveillance 
not  to  exceed  six  days  from  the  date  of  arrival  of  the  vessel. 

Art.  32.  Vessels  uninfected  with  yellow  fever  shall  be  granted  partique 
immediately  after  medical  inspection,  whatever  be  the  nature  of  their 
bill  of  health. 

Art.  33.  The  measures  contemplated  in  articles  30  and  31  do  not  con- 
cern the  countries  in  which  stegomya  exists.  In  other  countries  they  shall 
be  applied  to  the  extent  deemed  necessary  by  the  medical  authorities. 

E.    Provisions  common  to  all  three  Diseases 

Art.  34.  In  applying  the  measures  set  forth  in  articles  22  to  33,  the 
competent  authority  shall  take  into  account  the  presence  of  a  physician 
and  of  disinfecting  apparatuses  (chambers)  on  board  the  vessels  of  the 
three  categories  mentioned  above. 

In  regard  to  the  plague,  .he  shall  likewise  take  into  account  the  in- 
stallation on  board  of  apparatus  for  the  destruction  of  rats. 

The  health  authorities  of  nations  which  may  deem  it  suitable  to  reach 
an  understanding  on  this  point  may  excuse,  from  the  medical  inspection 


392  INTERNATIONAL  RELATIONS 

and  other  measures  those  uninfected  vessels  which  have  on  board  a  phy- 
sician specially  commissioned  by  their  country. 

Art.  35.  Special  measures,  especially  (as  regards  cholera)  a  bacterio- 
logical examination,  may  be  prescribed  in  regard  to  any  vessel  in  a  bad 
hygienic  condition  or  crowded. 

Art.  36.  Any  vessel  not  desiring  to  submit  to  the  obligations  imposed 
by  the  port  authority  in  pursuance  of  the  stipulations  of  the  present  con- 
vention shall  be  free  to  put  to  sea  again. 

It  may  be  permitted  to  land  its  cargo  after  the  necessary  precautions  have 
been  taken,  viz : 

1.  Isolation  of  the  vessel,  crew,  and  passengers. 

2.  In   regard   to   plague,   inquiry   as   to   the   existence   of   an   unusual 
mortality  among  the  rats. 

3.  In  regard  to  cholera,  the  substitution  of  good  water  in  the  place 
of   the  drinking  water  stored  on  board,  when  the  latter  is   considered 
suspicious. 

It  may  also  be  permitted  to  land  passengers  who  so  request,  upon  con- 
dition that  they  submit  to  the  measures  prescribed  by  the  local  authority. 

Art.  37.  Vessels  hailing  from  a  contaminated  port  and  which  have  been 
subjected  to  sanitary  measures  applied  in  an  efficient  manner  in  a  port 
belonging  to  one  of  the  contracting  countries  shall  not  undergo  the  same 
measures  a  second  time  upon  their  arrival  in  a  new  port,  whether  or  not 
the  latter  belong  to  the  same  country,  provided  no  incident  has  occurred 
which  would  involve  the  application  of  the  sanitary  measure  contemplated 
hereinbefore,  and  provided  they  have  not  touched  at  a  contaminated  port. 

A  vessel  shall  not  be  considered  as  having  stopped  at  a  port  when,  with- 
out having  been  in  communication  with  the  shore,  it  lands  only  passengers 
and  their  baggage  and  the  mail,  or  takes  on  only  the  mail,  or  passengers 
with  or  without  baggage  who  have  not  communicated  with  the  port  or 
with  a  contaminated  area.  In  case  of  yellow  fever,  the  vessel  must  besides 
have  kept  away  from  shore  as  much  as  possible,  and  at  a  distance  of 
200  meters  in  order  to  prevent  the  invasion  of  mosquitos. 

Art.  38.  A  port  authority  who  applies  sanitary  measures  shall  deliver 
to  the  captain,  owner,  or  agent,  whenever  requested,  a  certificate  specify- 
ing the  nature  of  the  measures  and  the  reasons  for  which  they  have  been 
applied. 

Art.  39.  Passengers  arriving  on  an  infested  vessel  shall  have  a  right 
to  demand  a  certificate  of  the  health  authority  of  the  port  showing  the 
date  of  their  arrival  and  the  measures  to  which  they  and  their  baggage 
have  been  subjected. 

Art.  40.  Coasting  vessels  shall  be  subjected  to  special  measures  to  be 
established  by  mutual  agreement  among  the  countries  concerned. 

Art.  41.  The  Governments  of  Riparian  Nations  on  the  same  sea  may 
conclude  special  agreements  among  themselves,  taking  into  account  their 
special  situations  and  in  order  to  render  more  effective  and  less  annoying 
the  application  of  the  sanitary  measures  provided  by  the  Convention. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    393 

Art.  42.  It  is  desirable  that  the  number  of  ports  provided  with  a  suf- 
ficient organization  and  equipment  to  receive  a  vessel,  whatever  be  her 
sanitary  condition,  should,  in  the  case  of  each  Nation,  be  in  proportion  to 
the  importance  of  traffic  and  navigation.  However,  and  without  pre- 
judice to  the  rights  of  the  Governments  to  agree  on  organizing  common 
sanitary  stations,  each  country  should  provide  at  least  one  of  the  ports  on 
the  coast  line  of  each  of  its  seas  with  such  an  organization  and  equip- 
ment. 

Moreover,  it  is  recommended  that  all  great  ports  of  maritime  naviga- 
tion be  equipped  in  such  a  way  that  at  least  uninfected  vessels  may  un- 
dergo the  prescribed  sanitary  measures  therein  as  soon  as  they  arrive  and 
not  be  sent  to  another  port  for  this  purpose. 

The  Governments  shall  make  known  the  ports  which  are  open  in  their 
country  to  arrivals  from  ports  contaminated  with  plague,  cholera,  and 
yellow  fever,  and  particularly  those  which  are  open  to  infected  or  suspi- 
cious vessels. 

Art.  43.  It  is  recommended  that  there  be  established  in  large  maritime 
ports : 

a)  A  regular  medical  service  of  the  port,  and  a  permanent  medical 
surveillance  of  the  sanitary  conditions  of  the  crews  and  the  inhabitants 
of  the  port. 

b)  Means  for  the  transportation  of  patients  and  places  set  apart  for 
their  isolation  and  for  the  observation  of  suspected  persons. 

c)  The  necessary  plants  for  efficient  disinfection,  and  bacteriological 
laboratories. 

d)  A  supply  of  drinking  water  beyond  suspicion  for  the  use  of  the 
port,  and  a  system  affording  all  possible  security  for  carrying  off  refuse 
and  sewage. 

Art.  44.  It  is  also  recommended  that  the  Contracting  Nations  take  into 
account,  in  the  treatment  to  be  accorded  the  arrivals  from  a  country,  the 
measures  taken  by  the  latter  for  combatting  infectious  diseases  and  for 
preventing  their  exportation. 

Section    IV — Measures    on    Land    Frontiers — Travelers — Railroads — 
Frontier  Zones — River  Routes 

Art.  45.    No  land  quarantine  shall  be  established. 

Only  persons  showing  symptoms  of  plague,  cholera,  or  yellow  fever 
shall  be  detained  at  frontiers. 

This  rule  shall  not  bar  the  right  of  each  Nation  to  close  a  part  of  its 
frontier  in  case  of  necessity. 

Art.  46.  It  is  important  that  travellers  be  subjected  to  surveillance  on 
the  part  of  railroad  employees  with  a  view  to  determining  the  state  of 
their  health. 

Art.  47.  Medical  interference  shall  be  limited  to  an  examination  of 
the  passengers  and  the  care  to  be  given  to  the  sick.  If  such  an  examina- 


394  INTERNATIONAL  RELATIONS 

tion  is  made,  it  should  be  combined  as  far  as  possible  with  the  custom 
house  inspection  to  the  end  that  travellers  may  be  detained  as  short  a 
time  as  possible.  Only  persons  who  are  obviously  ill  shall  be  subjected  to 
a  thorough  medical  examination. 

Art.  48.  As  soon  as  travellers  coming  from  an  infected  locality  shall 
have  arrived  at  their  destination,  it  would  be  of  the  greatest  utility  to 
subject  them  to  surveillance  which  ought  not  to  exceed,  counting  from 
the  day  of  departure,  five  days  in  case  of  plague  or  cholera  and  six  days 
in  case  of  yellow  fever. 

Art.  49.  The  Governments  reserve  the  right  to  take  special  measures 
in  regard  to  certain  categories  of  persons,  notably  gypsies,  vagabonds, 
emigrants,  and  persons  traveling  and  crossing  the  frontier  in  troops. 

Art.  50.  Cars  used  for  the  conveyance  of  passengers,  mail,  and  baggage 
shall  not  be  detained  at  frontiers. 

If  it  should  happen  that  one  of  these  cars  is  contaminated  or  has  been 
occupied  by  a  plague  or  cholera  patient,  it  shall  be  detached  from  the 
train  and  disinfected  as  soon  as  possible. 

The  same  rule  shall  apply  to  freight  cars. 

Art.  51.  The  measures  concerning  the  crossing  of  frontiers  by  rail- 
road and  postal  employees  shall  be  determined  by  the  companies  or  de- 
partments concerned  and  shall  be  so  arranged  as  not  to  hinder  the 
service. 

Art.  52.  The  regulation  of  frontier  traffic  and  questions  pertaining 
thereto,  as  well  as  the  adoption  of  exceptional  measures  of  surveillance, 
shall  be  left  to  special  arrangements  between  the  contiguous  nations. 

Art.  53.  It  shall  be  the  province  of  the  Governments  of  the  riparian 
nations  to  regulate  the  sanitary  conditions  of  river  routes  by  means  of 
special  arrangements. 

Title   II — Special  provisions  applicable  to   Oriental  and   Far 
Eastern  Countries 

Section  I — Measures  in  Ports  Contaminated  upon  the  Departure 

of  Vessels 

Art.  54.  Every  person,  including  the  members  of  the  crew,  who  take 
passage  on  board  a  vessel  shall,  at  the  time  of  embarcation,  be  examined 
individually  in  the  day  time  on. shore,  for  the  necessary  length  of  time, 
by  a  physician  delegated  by  the  public  authority.  The  consular  authority 
of  the  nation  to  which  the  vessel  belongs  may  be  present  at  this  examina- 
tion. 

As  an  exception  to  this  stipulation,  the  medical  examination  may  take 
place  on  shipboard  at  Alexandria  and  Port  Said,  w'hen  the  local  health 
authority  deems  it  expedient,  provided  that  the  third-class  passengers  shall 
not  be  permitted  to  leave  the  vessel.  This  medical  examination  may  be 
made  at  night  in  the  case  of  first  and  second  class  passengers  but  not  of 
third-class  passengers. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    395 

Section  II — Measures  with  respect  to  ordinary  Vessels  hailing  from  Con- 
taminated Northern  Ports  and  appearing  at  the  entrance  of  the 
Suez  Canal  or  in  Egyptian  Ports 

Art.  55.  Ordinary  uninfected- vessels  hailing  from  a  plague  or  cholera 
infected  port  of  Europe  or  the  basin  of  the  Mediterranean  and  presenting 
themselves  for  passage  through  the  Suez  Canal  shall  be  allowed  to  pass 
through  in  quarantine.  They  shall  continue  their  routes  under  observa- 
tion of  five  days. 

Art.  56.  Ordinary  uninfected  vessels  wishing  to  make  a  landing  in 
Egypt  may  stop  at  Alexandria  or  Port  Said,  where  the  passengers  shall 
complete  the  observation  period  of  five  days  either  on  shipboard  or  in 
a  sanitary  station,  according  to  the  decision  of  the  local  health  authority. 

Art.  57.  The  measures  to  which  infected  or  suspected  vessels  shall 
be  subjected  which  hail  from  a  plague  or  cholera  infected  port  of  Europe 
or  the  shores  of  the.  Mediterranean,  and  which  desire  to  effect  a  land- 
ing in  one  of  the  Egyptian  ports  or  to  pass  through  the  Suez  Canal,  shall 
be  determined  by  the  board  of  health  of  Egypt  in  conformity  with  the 
stipulations  of  the  present  convention. 

The  regulations  containing  these  measures  shall,  in  order  to  become 
effective,  be  accepted  by  the  various  powers  represented  on  the  Board ; 
they  shall  determine  the  measures  to  which  vessels,  passengers,  and  mer- 
chandise are  to  be  subjected  and  shall  be  presented  within  the  shortest 
possible  period. 

Section  III — Measures  in  the  Red  Sea 

A.     Measures  with  respect  to  Ordinary  Vessels  hailing  from  the  South 

and  appearing  in  ports  of  the  Red  Sea  or  bound  toward  the 

Mediterranean 

Art.  58.  Independently  of  the  general  provisions  contained  in  Section 
III.  Chapter  2,  Title  I.  concerning  the  classification  of  and  the  measures 
applicable  to  infected,  suspected,  or  uninfected  vessels,  the  special  pro- 
visions contained  in  the  ensuing  articles  are  applicable  to  ordinary  vessels 
coming  from  the  south  and  entering  the  Red  Sea. 

Art.  59.  Uninfected  vessels  must  have  completed  or  shall  be  required 
to  complete  an  observation  period  of  five  full  days  from  the  time  of 
their  departure  from  the  last  infected  port. 

They  shall  be  allowed  to  pass  through  the  Suez  Canal  in  quarantine 
and  shall  enter  the  Mediterranean  continuing  the  aforesaid  observation 
period  of  five  days.  Ships  having  a  physician  and  a  disinfecting  chamber 
on  board  shall  not  undergo  disinfection  until  the  passage  through  the 
quarantine  begins. 

Art.  60.  Suspected  vessels  shall  be  treated  differently  according  to 
whether  they  have  a  physician  and  a  disinfecting  apparatus  (chamber)  on 
board  or  not. 


396  INTERNATIONAL  RELATIONS 

a)  Vessels  having  a  physician  and  a  disinfecting  apparatus  (chamber) 
on  board  and  filling  the  necessary  conditions  shall  be  permitted  to  pass 
through  the   Suez   Canal   in   quarantine   under   conditions   prescribed   by 
the  regulations  for  the  passage  through. 

b)  Other  suspected  vessels  having  neither  physician  nor  disinfecting 
apparatus    (chamber)    on   board   shall,   before   being   permitted    to   pass 
through  in  quarantine,  be  detained  at  Suez  or  Moses  Spring  a  sufficient 
length  of  time  to  carry  out  the  disinfecting  measures  prescribed  and  to 
ascertain  the  sanitary  condition  of  the  vessel. 

In  the  case  of  mail  vessels  and  of  packets  specially  utilized  for  the 
transportation  of  passengers  and  having  no  disinfecting  apparatus 
(chamber)  but  having  a  physician  on  board,  if  the  last  case  of  plague  or 
cholera  dates  back  longer  than  seven  days  and  if  the  sanitary  condition  of 
the  vessel  is  satisfactory,  partique  may  be  granted  at  Suez  when  the 
operations  prescribed  by  the  regulations  are  completed. 

When  a  vessel  has  had  a  run  of  less  than  seven  days  without  infection 
the  passengers  bound  for  Egypt  shall  be  landed  at  an  establishment 
designated  by  the  Board  of  Health  of  Alexandria  and  isolated  a  sufficient 
length  of  time  to  complete  the  observation  period  of  five  days.  Their 
soiled  linen  and  wearing  apparel  shall  be  disinfected.  They  shall  then 
receive  partique. 

Vessels  having  had  a  run  of  less  than  seven  days  without  infection 
and  desiring  to  obtain  partique  in  Egypt  shall  be  detained  in  an  establish- 
ment designated  by  the  Board  of  Health  of  Alexandria  for  a  sufficient 
length  of  time  to  complete  the  observation  period  of  five  days.  They 
shall  undergo  the  measures  prescribed  for  infected  vessels. 

When  the  plague  or  cholera  has  appeared  exclusively  among  the  crew, 
only  the  soiled  linen  of  the  latter  shall  be  disinfected,  but  it  shall  all  be 
disinfected,  including  that  in  the  living  quarters  of  the  crew. 

Art.  61.  Infected  vessels  are  divided  into  vessels  with  a  physician 
and  a  disinfecting  apparatus  (chamber)  on  board,  and  vessels  without  a 
physician  and  a  disinfecting  apparatus  (chamber). 

a)  Vessels  without  a  physician  and  a  disinfecting  apparatus  (chamber) 
shall  be  stopped  at  Moses  Springs ;  persons  showing  symptoms  of  plague 
or  cholera  shall  be  landed  and  isolated  in  a  hospital.  The  disinfection 
shall  be  carried  out  in  a  thorough  manner.  The  other  passengers  shall 
be  landed  and  isolated  in  groups  composed  of  as  few  persons  as  possible, 
so  that  the  whole  number  may  not  be  infected  by  a  particular  group  if  the 
plague  or  cholera  should  develop.  The  soiled  linen,  wearing  apparel,  and 
clothing  of  the  crew  and  passengers,  as  well  as  the  vessel  shall  be  dis- 
infected. 

It  is  to  be  distinctly  understood  that  there  shall  be  no  discharge  of 
cargo  but  simply  a  disinfection  of  the  part  of  the  vessel  which  has  been 
infected. 

The  passengers  shall  remain  for  five  days  in  the  establishment  designated 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    397 

by  the  Sanitary,  Marine  and  Quarantine  Board  of  Egypt.  When  the 
cases  of  plague  or  cholera  date  back  several  days,  the  length  of  the 
isolation  shall  be  diminished.  This  length  shall  vary  according  to  the 
date  of  the  cure,  death,  or  isolation  of  the  last  patient.  Thus,  when  the 
last  case  of  plague  or  cholera  has  terminated  six  days  before  by  a  cure  or 
death,  or  when  the  last  patient  has  been  isolated  for  six  days,  the  observa- 
tion period  shall  last  one  day;  if  only  five  days  have  elapsed,  the  observa- 
tion period  shall  be  two  days;  if  only  four  days  have  elapsed,  the  observa- 
tion period  shall  be  three  days;  if  only  three  days  have  elapsed,  the  ob- 
servation period  shall  be  four  days;  and  if  only  two  days  or  one  day  has 
elapsed,  the  observation  period  shall  be  five  days. 

b)  Vessels  with  a  physician  and  a  disinfecting  apparatus  (chamber) 
on  board  shall  be  stopped  at  Moses  Springs.  The  ship's  physician  must 
declare,  under  oath,  what  persons  on  board  show  symptoms  of  plague  or 
cholera.  These  patients  shall  be  landed  and  isolated. 

After  the  landing  of  these  patients,  the  soiled  linen  of  the  rest  of  the 
passengers  which  the  health  authorities  may  consider  dangerous,  as  well 
as  that  of  the  crew,  shall  undergo  disinfection  on  board. 

When  plague  or  cholera  shall  have  appeared  exclusively  among  the 
crew,  the  disinfection  of  the  linen  shall  be  limited  to  the  soiled  linen  of 
the  crew  and  the  linen  of  the  living  apartments  of  the  crew. 

The  ship's  physician  shall  indicate  also,  under  oath,  the  part  or  com- 
partment of  the  vessel  and  the  section  of  the  hospital  in  which  the  patient 
or  patients  have  been  transported.  He  shall  also  declare,  under  oath,  what 
persons  have  been  in  contact  with  the  plague  or  cholera  patient  since  the 
first  manifestation  of  the  disease,  either  directly  or  through  contact  with 
objects  which  might  be  contaminated.  Such  persons  alone  shall  be  con- 
sidered as  suspects. 

The  part  or  compartment  of  the  vessel  and  the  section  of  the  hospital 
in  which  the  patient  or  patients  have  been  transported  shall  be  thoroughly 
disinfected.  By  "part  of  the  ship"  shall  be  meant  the  cabin  of  the  patient, 
the  neighboring  cabins,  the  corridor  on  which  these  cabins  are  located, 
the  deck,  and  the  parts  of  the  deck  where  the  patients  have  been. 

If  it  is  impossible  to  disinfect  the  part  or  compartment  of  the  vessel 
which  has  been  occupied  by  the  persons  stricken  with  plague  or  cholera 
without  landing  the  persons  declared  suspects,  these  persons  shall  be 
either  placed  in  another  vessel  specially  designed  for  this  purpose  or 
landed  and  lodged  in  the  sanitary  establishment  without  coming  in  con- 
tact with  the  patients,  who  shall  be  placed  in  the  hospital.  , 

The  duration  of  this  stay  on  the  vessel  or  on  shore  shall  be  as  short 
as  possible  and  shall  not  exceed  twenty-four  hours. 

The  suspects  shall  undergo,  either  on  their  vessel  or  on  the  vessel 
designated  for  this  purpose,  an  observation  period  whose  duration  shall 
vary  according  to  the  cases  and  under  the  conditions  provided  in  the  third 
paragraph  of  subdivision  a). 


398  INTERNATIONAL  RELATIONS 

• 
The  time  taken  up  by  the  perscribed  operations  shall  be  comprised  in 

the  duration  of  the  observation  period. 

The  passage  through  in  quarantine  may  be  allowed  before  the  expiration 
of  the  periods  indicated  above  if  the  health  authority  deems  it  possible. 
It  shall  at  all  events  be  granted  when  the  disinfection  has  been  com- 
pleted, if  the  vessel  leaves  behind  not  only  its  patients  but  also  the  persons 
indicated  above  as  "suspects." 

A  disinfecting  chamber  placed  on  a  lighter  may  come  alongside  the 
vessel  in  order  to  expedite  the  disinfecting  operations. 

Infected  vessels  requiring  partique  in  Egypt  shall  be  detained  at  Moses 
Springs  five  days ;  they  shall,  moreover,  undergo  the  same  measures  as 
those  adopted  for  infected  vessels  arriving  in  Europe. 

B.     Measures  with  respect  to  Ordinary  Vessels  hailing  from  the 
Infected  Ports  of  Hedjaz  during  the  Pilgrimage  Season 

Art.  62.  If  the  plague  or  cholera  prevail  in  Hedjaz  during  the  time  of 
the  Mecca  pilgrimage,  vessels  coming  from  the  Hedjaz  or  from  any  other 
part  of  the  Arabian  coast  of  the  Red  Sea  without  having  embarked  there 
any  pilgrims  or  similar  masses  of  persons,  and  which  have  not  had  any 
suspicious  occurrence  on  board  during  the  voyage,  shall  be  placed  in  the 
category  of  ordinary  suspected  vessels.  They  shall  be  subjected  to  the 
preventive  measures  and  to  the  treatment  imposed  on  such  vessels. 

If  they  are  bound  for  Egypt  they  shall  undergo,  in  a  sanitary  establish- 
ment designated  by  the  Sanitary,  Marine,  and  Quarantine  Board,  an  ob- 
servation of  five  days  from  the  date  of  departure  for  cholera  as  well  as 
for  plague.  They  shall  be  subjected,  moreover,  to  all  the  measures  pre- 
scribed for  suspected  vessels  (disinfection,  etc.),  and  shall  not  be  granted 
partique  until  they  have  passed  a  favorable  medical  examination. 

It  shall  be  understood  that  if  the  vessels  have  had  suspicious  occur- 
rences during  the  voyage  they  shall  pass  the  observation  period  at  Moses 
Springs,  which  shall  last  five  days  whether  it  be  a  question  of  plague  or 
cholera. 

Section  IV — Organization  of  Surveillance  and  Disinfection  at 
Suez  and  Moses  Springs 

Art.  63.  The  medical  inspection  prescribed  by  the  regulations  shall 
be  made  on  each  vessel  arriving  at  Suez  by  one  or  more  of  the  physicians 
of  the  station,  being  made  in  the  daytime  on  vessels  hailing  from  the 
port  infected  with  plague  or  cholera.  It  may,  however,  be  made  at  night 
on  vessels  which  come  to  pass  through  the  canal,  provided  they  are  lit 
by  electricity  and  wherever  the  local  health  authority  is  satisfied  that  the 
lighting  facilities  are  adequate. 

Art.  64.  The  physicians  of  the  Suez  station  shall  be  at  least  seven 
in  number — one  chief  physician  and  six  others.  They  must  possess  a 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    399 

regular  diploma  and  shall  be  chosen  preferably  among  physicians  who 
have  made  special  practical  studies  in  epidemiology  and  bacteriology. 
They  shall  be  appointed  by  the  Minister  of  the  Interior  upon  the  recom- 
mendation of  the  Sanitary,  Marine,  and  Quarantine  Board  of  Egypt. 
They  shall  receive  a  salary  to  begin  at  8,000  francs  and  which  may  pro- 
gressively rise  to  12,000  francs  for  the  six  physicians,  and  vary  from 
12,000  to  15,000  francs  for  the  chief  physician. 

If  the  medical  service  should  still  prove  inadequate,  recourse  may  be 
had  to  the  surgeons  of  the  navies  of  the  several  nations,  who  shall  be 
placed  under  the  authority  of  the  chief  physician  of  the  sanitary  station. 

Art.  65.  A  corps  of  sanitary  guards  shall  be  intrusted  with  the  sur- 
veillance and  execution  of  the  prophylatic  measures  applied  in  the  Suez 
Canal,  at  the  establishment  at  Moses  Springs  and  at  Tor. 

Art.  66.    This  corps  shall  comprise  ten  guards. 

It  shall  be  recruited  from  among  former  noncommissioned  officers  of 
the  European  and  Egyptian  armies  and  navies. 

After  their  competence  has  been  ascertained  by  the  Board,  the  guards 
shall  be  appointed  in  the  manner  provided  by  article  14  of  the  Khedival 
decree  of  June  19,  1893. 

Art.  67.  The  guards  shall  be  divided  into  two  classes,  the  first  com- 
prising four  and  the  second  six  guards. 

Art.  68.     The  annual  compensation  allowed  the  guards  shall  be : 

For  the  first  class,  from  L  160  Eg.  to  L  200  Eg. 

For  the  second  class,  from  L  120  to  L  168  Eg. 

With  a  progressive  increase  until  the  maximum  is  reached. 

Art.  69.  The  guards  shall  be  invested  with  the  character  of  officers 
of  the  public  peace,  with  the  right  to  call  for  assistance  in  case  of 
infractions  of  the  sanitary  regulations. 

They  shall  be  placed  under  the  immediate  orders  of  the  Director  of 
the  Suez  or  the  Tor  Bureau. 

Section  V — Passage  through  the  Suez  Canal  in  Quarantine 

Art.  70.  The  health  authority  of  Suez  shall  grant  the  passage  through 
in  quarantine,  and  the  Board  shall  be  immediately  informed  thereof. 

Doubtful  cases  shall  be  decided  by  the  Board. 

Art.  71.  As  soon  as  the  permit  provided  for  in  the  preceding  article 
is  granted,  a  telegram  shall  be  sent  to  the  authority  designated  by  each 
power,  the  dispatch  of  the  telegram  being  at  the  expense  of  the  vessel. 

Art.  72.  Each  power  shall  establish  penalties  against  vessels  which 
abandon  the  route  indicated  by  the  captain  and  unduly  approach  one  of 
the  ports  within  its  territory,  cases  of  vis  major  and  enforced  sojourn 
being  excepted. 

Art.  73.  Upon  a  vessel's  being  spoken,  the  captain  shall  be  obliged  to 
declare  whether  he  has  on  board  any  gangs  of  native  stokers  or  of  wage- 
earning  employees  of  any  description  who  are  not  inscribed  on  the  crew 
list  or  the  register  kept  for  this  purpose. 


400  INTERNATIONAL  RELATIONS 

The  following  questions  in  particular  shall  be  asked  the  captains  of 
all  vessels  arriving  at  Suez  from  the  south,  and  shall  be  answered  under 
oath: 

"Have  you  any  helpers  (stokers  or  other  workmen)  not  inscribed  on 
your  crew  list  or  on  the  special  register?  What  is  their  nationality?  Where 
did  you  embark  them?" 

The  sanitary  physicians  should  ascertain  the  presence  of  these  helpers 
and  if  they  discover  that  any  of  them  are  missing  they  should  carefully 
seek  the  cause  of  their  absence. 

Art.  74.  A  health  officer  and  two  sanitary  guards  shall  board  the  vessel 
and  accompany  her  to  Port  Said.  Their  duty  shall  be  to  prevent  com- 
munications and  see  to  the  execution  of  the  prescribed  measures  during  the 
passage  through  the  canal. 

Art.  75.  All  embarkations,  landings,  and  transhipments  of  passengers 
or  cargo  are  forbidden  during  the  passage  through  the  Suez  canal  to 
Port  Said. 

However,  passengers  may  embark  at  Port  Said  in  quarantine. 

Art.  76.  Vessels  passing  through  in  quarantine  shall  make  the  trip  from 
Suez  to  Port  Said  without  putting  into  dock. 

In  case  of  stranding  or  being  compelled  to  put  into  dock,  the  necessary 
operations  shall  be  performed  by  the  personnel  on  board,  all  communica- 
tions with  the  employees  of  the  Suez  Canal  Company  being  avoided. 

Art.  77.  When  troops  are  conveyed  through  the  canal  on  suspicious  or 
infected  vessels  passing  through  in  quarantine,  the  trip  shall  be  made  in 
the  daytime  only.  If  it  is  necessary  to  stop  at  night  in  the  canal,  the 
vessels  shall  anchor  in  Lake  Timsah  or  the  Great  Lake. 

Art.  78.  Vessels  passing  through  in  quarantine  are  forbidden  to  stop 
in  the  harbor  of  Port  Said  except  in  the  cases  contemplated  in  articles 
75  (paragraph  2)  and  76. 

The  supply  and  preparation  of  food  on  board  vessels  shall  be  effected 
with  the  means  at  hand  on  the  vessels. 

Stevedores  or  any  other  persons  who  may  have  gone  on  board  shall 
be  isolated  on  the  quarantine  lighter.  Their  clothing  shall  there  undergo 
disinfection  as  per  regulations. 

Art.  79.  When  it  is  absolutely  necessary  for  vessels  passing  through 
in  quarantine  to  take  on  coal  at  Port  Said,  they  shall  perform  this  operation 
in  a  locality  affording  the  necessary  facilities  for  isolation  and  sanitary 
surveillance,  to  be  selected  by  the  Board  of  Health.  When  it  is  possible 
to  maintain  a  strict  supervision  on  board  the  vessel  and  to  prevent  all  con- 
tact with  the  persons  on  board,  the  coaling  of  the  vessel  by  the  workmen  of 
the  port  may  be  permitted.  At  night  the  place  where  the  coaling  is  done 
should  be  illuminated  by  electric  lights. 

Art.  80.  The  pilots,  electricians,  agents  of  the  Company,  and  sanitary 
guards  shall  be  put  off  at  Port  Said  outside  of  the  port  between  the 
jetties  and  thence  conducted  directly  to  the  quarantine  lighter,  where  their 
clothing  shall  undergo  disinfection  when  deemed  necessary. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    401 

Art.  81.  The  war  vessels  hereinafter  specified  shall  enjoy  the  benefits 
of  the  following  provisions  when  passing  through  the  Suez  Ganal : 

They  shall  be  recognized  by  the  quarantine  authority  as  uninfected 
upon  the  production  of  a  certificate  issued  by  the  physician  on  board, 
countersigned  by  the  commanding  officer,  and  affirmed  under  oath : 

a)  That  there  has  not  been  any  case  of  plague  or  cholera  on  board 
either  at  the  time  of  departure  or  during  the  passage. 

b)  That  a  careful  examination  of  all  persons  on  board,  without  any 
exception,  has  been  made  less  than  twelve  hours  before  the  arrival  in  the 
Egyptian  port,  and  that  it  revealed  no  case  of  these  diseases. 

These  vessels  shall  be  exempted  from  the  medical  examinations  and 
immediately  receive  partique,  provided  a  period  of  five  full  days  has  elapsed 
since  their  departure  from  the  last  infected  port. 

In  case  the  required  period  has  not  elapsed,  the  vessels  may  pass  through 
the  canal  in  quarantine  without  undergoing  the  medical  examination,  pro- 
vided they  present  the  above-mentioned  certificate  to  the  quarantine 
authorities. 

The  quarantine  authorities  shall  nevertheless  have  a  right  to  cause  their 
agents  to  perform  the  medical  examination  on  board  war  vessels  when- 
ever they  deem  it  necessary. 

Suspicious  or  infected  vessels  shall  be  subjected  to  the  regulations  in 
force. 

Only  fighting  units  shall  be  considered  as  war  vessels,  transports  and 
hospital  ships  falling  under  the  category  of  ordinary  vessels. 

Art.  82.  The  Sanitary,  Maritime,  and  Quarantine  Board  of  Egypt  is 
authorized  to  organize  the  transit  through  Egyptian  territory  by  rail  of 
the  mails  and  ordinary  passengers  coming  from  infected  countries  in 
quarantine  trains,  under  the  conditions  set  forth  in  Annex  I. 

Section  VI — Sanitary  Measures  applicable  to  the  Persian  Gulf 

Art.  83.  The  sanitary  regulations  established  by  the  articles  of  the 
present  Convention  shall  be  applied,  as  regards  vessels  entering  the  Per- 
sian Gulf,  by  the  health  authorities  of  the  ports  of  arrival. 

This  regulation  shall  be  subjected  to  the  following  three  reservations 
with  regard  to  the  classification  of  the  vessels  and  of  the  measures  to  be 
applied  to  them  in  the  Persian  Gulf: 

1.  The  surveillance  of  the  passengers  and  crew  shall  always  be  super- 
seded by  an  observation  of  the  same  duration. 

2.  Uninfected  vessels  may  obtain  partique  there  only  upon  condition 
that  five  full  days  have  elapsed  since  the  time  of  their  departure  from 
the  last  infected  port. 

3.  In  regard  to  suspected  vessels  the  period  of  five  days  for  the  ob- 
servation of  the  crew  and  passengers  shall  begin  as  soon  as  there  is  no 
case  of  plague  or  cholera  on  board. 


402  INTERNATIONAL  RELATIONS 

Title  III — Provisions  specially  applicable  to  Pilgrimages 
Chapter  I.     General  Provisions 

Art.  84.  The  provisions  of  article  54  of  Title  II  are  applicable  to 
persons  and  objects  bound  for  Hedjaz  or  Irak  Arabi  and  who  are  to  be 
embarked  on  a  pilgrim  ship,  even  if  the  port  of  embarkation  is  not  in- 
fected with  plague  or  cholera. 

Art.  85.  When  cases  of  plague  or  cholera  exist  in  the  port,  no  em- 
barkation shall  be  made  on  pilgrim  ships  until  after  the  persons,  assembled 
in  a  group,  have  been  subjected  to  an  observation  for  the  purpose  of  as- 
certaining that  none  of  them  is  stricken  with  plague  or  cholera. 

It  shall  be  understood  that,  in  executing  this  measure,  each  Government 
may  take  into  account  the  local  circumstances  and  possibilities. 

Art.  86.  If  local  circumstances  permit,  the  pilgrims  shall  be  obliged 
to  prove  that  they  possess  the  means  absolutely  necessary  to  complete  the 
pilgrimage,  especially  a  round-trip  ticket. 

Art.  87.  Steamships  shall  alone  be  permitted  to  engage  in  the  long- 
voyage  transportation  of  pilgrims,  all  other  vessels  being  forbidden  to 
engage  in  this  traffic. 

Art.  88.  Pilgrim  ships  engaged  in  coasting  trade  and  used  in  making 
the  conveyances  of  short  duration  called  "coasting  trade"  shall  be  subject 
to  the  provisions  contained  in  the  special  regulations  applicable  to  the 
Hedjaz  pilgrimage,  which  shall  be  published  by  the  Board  of  Health  of 
Constantinople  in  accordance  with  the  principles  enounced  in  the  present 
Convention.  • 

Art.  89.  A  vessel  which  does  not  embark  a  greater  proportion  of  pil- 
grims of  the  lowest  class  than  one  per  hundred  tons  gross  burden,  in 
addition  to  its  ordinary  passengers  (among  whom  pilgrims  of  the  higher 
class  may  be  included),  shall  not  be  considered  as  a  pilgrim  ship. 

Art.  90.  Every  pilgrim  ship  situated  in  Ottoman  waters  must  conform 
to  the  provisions  contained  in  the  special  regulations  applicable  to  the 
Hedjaz  pilgrimage,  which  shall  be  published  by  the  Board  of  Health  of 
Constantinople  in  accordance  with  the  principles  set  forth  in  the  present 
convention. 

Art.  91.  The  captain  shall  be  obliged  to  pay  all  the  sanitary  taxes  col- 
lectible from  the  pilgrims,  which  shall  be  comprised  in  the  price  of  the 
ticket. 

Art.  92.  As  far  as  possible,  the  pilgrims  who  land  or  embark  at  the 
sanitary  stations  shall  not  come  in  contact  with  one  another  at  the  points 
of  debarkation. 

The  pilgrims  who  are  landed  shall  be  sent  to  the  encampment  in  as 
small  groups  as  possible. 

They  must  be  furnished  with  good  drinking  water,  whether  it  is  found 
on  the  spot  or  obtained  by  distillation. 

Art.  93.    When  there  is  plague  or   cholera  in  Hedjaz,   the  provisions 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    403 

carried  by  the  pilgrims  shall  be  destroyed  if  the  health  authority  deems 
it  necessary. 

Chapter  II — Pilgrim  ships — Sanitary  arrangements 
Section  I.     General  Arrangement  of  Vessels 

Art.  94.    The  vessel  must  be  able  to  lodge  pilgrims  between  decks. 

Outside  of  the  crew,  the  vessel  shall  furnish  to  every  individual,  what- 
ever be  his  age,  a  surface  of  1,5  square  meters  (16  English  square  feet) 
with  a  height  between  decks  of  about  1,8  meters. 

On  vessels  engaged  in  coasting  trade  each  pilgrim  shall  have  at  his 
disposal  a  space  of  at  least  2  meters  wide  along  the  gunwales  of  the 
vessel. 

Art.  95.  On  each  side  of  the  vessel,  on  deck,  there  shall  be  reserved 
a  place  screened  from  view  and  provided  with  a  hand  pump  so  as  to 
furnish  sea  water  for  the  needs  of  the  pilgrims.  One  such  place  shall  be 
reserved  exclusively  for  women. 

Art.  96.  In  addition  to  the  water  closets  for  the  use  of  the  crew,  the 
vessel  shall  be  provided  with  latrines  flushed  with  water  or  provided  with 
a  stop  cock,  in  the  proportion  of  at  least  one  latrine  for  every  loo  persons 
embarked. 

There  shall  be  latrines  reserved  exclusively  for  women. 

There  shall  be  no  water  closets  between  decks  or  within  the  hold. 

Art.  97.  The  vessel  shall  have  two  places  arranged  for  private  cooking 
by  the  pilgrims,  who  shall  be  forbidden  to  make  a  fire  elsewhere  and 
especially  on  deck. 

Art.  98.  Infirmaries  properly  arranged  with  regard  to  safety  and 
sanitary  conditions  shall  be  reserved  for  lodging  the  sick. 

They  shall  be  so  arranged  as  to  be  capable  of  isolating,  according  to 
the  kind  of  disease,  persons  stricken  with  transmissible  ailments. 

The  infirmaries  shall  be  able  to  receive  at  least  five  per  cent  of  the 
pilgrims  embarked,  allowing  at  least  3  square  kilometers  per  head. 

Art.  99.  Every  vessel  shall  have  on  board  the  medicines,  disinfectants, 
and  articles  necessary  for  the  care  of  the  sick.  The  regulations  made  for 
this  kind  of  vessels  by  each  Government  shall  determine  the  nature  and 
quantity  of  the  medicines.  The  care  and  the  remedies  shall  be  furnished 
free  of  charge  to  the  pilgrims. 

Art.  loo.  Every  vessel  embarking  pilgrims  shall  have  on  board  a  phy- 
sician holding  a  regular  diploma  and  commissioned  by  the  Government  of 
the  country  to  which  the  vessel  belongs  or  by  the  government  of  the 
port  in  which  the  vessel  takes  pilgrims  on  board.  A  second  physician 
shall  be  embarked  as  soon  as  the  number  of  pilgrims  carried  by  the  vessel 
exceeds  one  thousand. 

Art.  101.  The  captain  shall  be  obliged  to  have  handbills  posted  on  board 
in  «  position  which  is  conspicuous  and  accessible  to  those  interested.  They 


404  INTERNATIONAL  RELATIONS 

shall  be  in  the  principal  languages  of  the  countries  inhabited  by  the  pilgrims 
embarked,  and  show: 

1.  The  destination  of  the  vessel. 

2.  The  price  of  the  tickets. 

3.  The  daily  ration  of  water  and  food  allowed  to  each  pilgrim. 

4.  A  price  list  of  victuals  not  comprised  in  the  daily  ration  and  to 
be  paid  for  extra. 

Art.  102.  The  heavy  baggage  of  the  pilgrims  shall  be  registered,  num- 
bered, and  placed  in  the  hold.  The  pilgrims  shall  keep  with  them  only  such 
articles  as  are  absolutely  necessary,  the  regulations  made  by  each  Govern- 
ments for  its  vessels  determining  the  nature,  quantity  and  dimensions 
thereof. 

Art.  103.  The  provisions  of  Chapters  I,  II.  (sections  I.  II.  and  III.) 
and  III.  of  the  present  Title  shall  be  posted,  in  the  form  of  regulations, 
in  the  language  of  the  nationality  of  the  vessel  as  well  as  in  the  principal 
languages  of  the  countries  inhabited  by  the  pilgrims  embarked,  in  a  con- 
spicuous and  accessible  place  on  each  deck  and  between  decks  on  every 
vessel  carrying  pilgrims. 

Section   II — Measures  to  be  taken  before   Departure 

Art.  104.  At  least  three  days  before  departure  the  captain,  or  in  the 
absence  of  the  captain  the  owner  or  agent,  of  every  pilgrim  ship  must 
declare  his  intention  to  embark  pilgrims  to  the  competent  authority  of 
the  port  of  departure.  In  ports  of  call  the  captain,  or  in  the  absence  of 
the  captain  the  owner  or  agent,  of  every  pilgrim  ship  must  make  this 
same  declaration  twelve  hours  before  the  departure  of  the  vessel.  This 
declaration  must  indicate  the  intended  day  of  sailing  and  the  destination  of 
the  vessel. 

Art.  105.  Upon  the  declaration  prescribed  by  the  preceding  article  being 
made,  the  competent  authority  shall  proceed  to  the  inspection  and  measure- 
ment of  the  vesel  at  the  expense  of  the  captain.  The  consular  officer  of  the 
country  to  which  the  vessel  belongs  may  be  present  at  this  inspection. 

The  inspection  only  shall  be  made  if  the  captain  is  already  provided 
with  a  certificate  of  measurement  issued  by  the  competent  authority  of 
his  country,  unless  it  is  suspected  that  the  document  no  longer  corres- 
ponds to  the  actual  state  of  the  vessel. 

Art.  106.  The  competent  authority  shall  not  permit  the  departure  of 
a  pilgrim  ship  until  he  has  ascertained : 

a)  That  the  vessel  has  been  put  in  a  state  of  perfect  cleanliness  and, 
if  necessary,  disinfected. 

b)  That  the  vessel  is  in  a  condition  to  undertake  the  voyage  without 
danger ;   that  it  is  properly  equipped,   arranged,    and   ventilated ;    that  it 
is  provided  with  an  adequate  number  of  small  boats ;  that  it  contains  noth- 
ing on  board  which  is  or  might  become  detrimental  to  the  health  or  safety 
of  the  passengers,  and  that  the  deck  is  of  wood  or  of  iron  covered  with 
wood. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    405 

c)  That,  in  addition  to  the  provisions   for  the  crew,  there  are  pro- 
visions and  fuel  of  good  quality  on  board,  suitably  stored  and  in  sufficient 
quantity  for  all  the  pilgrims  and  for  the  entire  anticipated  duration  of 
the  voyage. 

d)  That  the  drinking  water  taken  on  board  is  of  good  quality  and 
from  a  source  protected  against  all  contamination ;  that  there  is  a  sufficient 
quantity  thereof;   that  the  tanks  of   drinking  water  on   board  are  pro- 
tected against  all  contamination  and  closed  in  such  a  way  that  the  water 
can  only  be  let  out  through  the  stop  cocks  or  pumps.     The  devices  for 
letting  water  out  called  "suckers"  are  absolutely  forbidden. 

e)  That  the  vessel  has  a  distilling  apparatus  capable  of  producing  at 
least  5  liters  of  water  per  head  each  day  for  every  person  embarked,  in- 
cluding the  crew. 

f)  That  the  vessel  has  a  disinfecting  chamber  whose  safety  and  effi- 
ciency have  been  ascertained  by  the  health  authority  of  the  port  of  em- 
barkation of  the  pilgrims. 

g)  That  the  crew  comprises  a  physician  holding  a  diploma  and  com- 
missioned either  by  the  Government  of  the  country  to  which  the  vessel 
belongs  or  by  the  Government  of  the  port  where  the  vessel  takes  on  pil- 
grims, and  that  the  vessel  has  a  supply  of  medicines,  all  in  conformity 
with  articles  99  and  100. 

h)  That  the  deck  of  the  vessel  is  free  from  all  cargo  and  other  in- 
cumberances. 

i)  That  the  arrangements  of  the  vessel  are  such  that  the  measures  pre- 
scribed by  Section  III.  hereinafter  may  be  executed. 

Art.  107.    The  captain  shall  not  sail  till  he  has  in  his  possession: 

1.  A  list  viseed  by  the  competent  authority  arid  showing  the  name,  sex, 
and  total  number  of  pilgrims  whom  he  is  authorized  to  embark. 

2.  A  bill  of  health  setting  forth  the  name,  nationality,  and  tonnage  of 
the  vessel,  the  name  of  the  captain  and  of  the  physician,  the  exact  number 
of  persons  embarked   (crew,  pilgrims,  and  other  passengers),  the  nature 
of  the  cargo,  and  the  port  of  departure. 

The  competent  authority  shall  indicate  on  the  bill  of  health  whether 
the  number  of  pilgrims  allowed  by  the  regulations  is  reached  or  not,  and, 
in  case  it  is  not  reached,  the  additional  number  of  passengers  which  the 
vessel  is  authorized  to  embark  in  subsequent  ports  of  call. 

Section  III — Measures  to  be  taken  during  the  passage 

Art.  108.  The  deck  shall  remain  free  from  encumbering  objects  during 
the  voyage  and  shall  be  reserved  day  and  night  for  the  persons  on  board 
and  be  placed  gratuitously  at  their  service. 

Art.  109.  Every  day  the  space  between  decks  shall  be  cleaned  carefully 
and  scrubbed  with  dry  sand  mixed  with  disinfectants  while  the  pilgrims 
are  on  board. 

Art.  no.    The  latrines  intended  for  the  passengers  as  well  as  those  for 


406  INTERNATIONAL  RELATIONS 

the  crew  shall  be  kept  neat  and  be  cleaned  and  disinfected  three  times 
a  day. 

Art.  in.  The  excretions  and  dejections  of  persons  showing  symptoms 
of  plague  or  cholera  shall  be  collected  in  vessels  containing  a  disinfecting 
solution.  These  vessels  shall  be  emptied  into  the  latrines,  which  shall  be 
thoroughly  disinfected  after  each  flushing. 

Art.  112.  Articles  of  bedding,  carpets,  and  clothing  which  have  been 
in  contact  with  the  patients  mentioned  in  the  preceding  article  shall  be  im- 
mediately disinfected.  The  observance  of  this  rule  is  especially  enjoined 
with  regard  to  the  clothing  of  persons  who  come  near  to  these  patients 
and  who  may  have  been  contaminated. 

Such  of  the  articles  mentioned  above  as  have  no  value  shall  be  thrown 
overboard,  if  the  vessel  is  neither  in  a  port  nor  a  canal,  or  else  destroyed 
by  fire.  The  others  shall  be  carried  to  the  disinfecting  chamber  in  imper- 
meable sacks  washed  with  a  disinfecting  solution. 

Art.  113.  The  quarters  occupied  by  the  patients  and  referred  to  in 
article  98  shall  be  thoroughly  disinfected. 

Art.  114.  Pilgrim  ships  shall  be  compelled  to  submit  to  disinfecting 
operations  in  conformity  with  the  regulations  in  force  on  the  subject  in 
the  country  whose  flag  they  fly. 

Art.  115.  The  quantity  of  drinking  water  allowed  daily  to  each  pilgrim 
free  of  charge,  whatever  be  his  age,  shall  be  at  least  5  liters. 

Art.  116.  If  there  is  any  doubt  about  the  quality  of  the  drinking  water 
or  any  possibility  of  its  contamination  either  at  the  place  of  its  origin  or 
during  the  course  of  the  voyage,  the  water  shall  be  boiled  or  otherwise 
sterilized  and  the  captain  shall  be  obliged  to  throw  it  overboard  at  the 
first  port  in  which  a  stop  is  made  and  in  which  he  is  able  to  procure  a 
better  supply. 

Art.  117.  The  physician  shall  examine  the  pilgrims,  attend  the  patients, 
and  see  that  the  rules  of  hygiene  are  observed  on  board.  He  shall  es- 
pecially : 

1.  Satisfy  himself  that  the  provisions   dealt   out  to   the  pilgrims   are 
of  good  quality,  that  their  quantity  is  in  conformity  with  the  obligations 
assumed,  and  that  they  are  suitably  prepared. 

2.  Satisfy  himself  that  the  requirements  of  article  115  relative  to  the 
distribution  of  water  are   observed. 

3.  If  there  is  any  doubt  about  the  quality  of  the  drinking  water,  re- 
mind the  captain  in  writing  of  the  provisions  of  article  106. 

4.  Satisfy  himself  that  the  vessel  is  maintained  in  a  constant  state  of 
cleanliness,  and  especially  that  the  latrines  are  cleansed  in  accordance  with 
the   provisions    of   article    no. 

5.  Satisfy  himself  that  the  lodgings  of  the  pilgrims  are  maintained  in 
a  healthful  condition,  and  that,  in  case  of  transmissible  disease,  they  are 
disinfected   in   conformity  with   articles    113   and   114. 

6.  Keep   a   diary   of   all   the    sanitary   incidents    occurring   during   the 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    407 

course  of  the  voyage  and  present  his  diary  to  the  competent  authority  of 
the  port  of  arrival. 

Art.  118.  The  persons  intrusted  with  the  care  of  the  plague  or  cholera 
patients  shall  alone  have  access  to  them  and  shall  have  no  contact  with 
the  other  persons  on  board. 

Art.  119.  In  case  of  a  death  occurring  during  the  voyage,  the  captain 
shall  make  note  of  the  death  opposite  the  name  on  the  list  viseed  by 
the  authority  of  the  port  of  departure,  besides  entering  on  his  journal  the 
name  of  the  deceased  person,  his  age,  where  he  comes  from,  the  presumable 
cause  of  his  death  according  to  the  physician's  certificate,  and  the  date  of 
the  death. 

In  case  of  a  death  by  a  transmissible  disease,  the  body  shall  be  wrapped 
in  a  shroud  saturated  with  disinfecting  solution  and  thrown  overboard. 

Art.  120.  The  captain  shall  see  that  all  the  prophylactic  measures  exe- 
cuted during  the  voyage  are  recorded  in  the  ship's  journal.  This  journal 
shall  be  presented  to  him  by  the  competent  authority  of  the  port  of  arrival. 

In  each  port  of  call  the  captain  shall  have  the  list  prepared  in  accord- 
ance with  article  107  viseed  by  the  competent  authority. 

In  case  a  pilgrim  is  landed  during  the  course  of  the  voyage,  the  captain 
shall  note  the  fact  on  the  list  opposite  the  name  of  the  pilgrim. 

In  case  of  an  embarkation,  the  person  embarked  shall  be  mentioned  on 
this  list  in  conformity  with  the  aforementioned  article  107  and  before  it  is 
viseed  again  by  the  competent  authority. 

Art.  121.  The  bill  of  health  delivered  at  the  port  of  departure  shall  not 
be  changed  during  the  course  of  the  voyage. 

It  shall  be  viseed  by  the  health  authority  of  each  port  of  call,  who 
shall  note  thereon : 

1.  The  number  of  passengers  landed  or  embarked  in  the  port. 

2.  The  incidents  occurring  at  sea  and  affecting  the  health  or  life  oi 
the  persons  on  board. 

3.  The  sanitary  condition  of  the  port  of  call. 

Section  IV — Measures  to  be  taken  on  the  Arrival  of  Pilgrims  in 
the  Red  Sea 

A.     Sanitary  measures  applicable  to  Mussulman-pilgrim  ships  hailing 
from  an  infected  Port  and  bound  from  the  South  toward  Htdjaz 

Art.  122.  Pilgrim  ships  hailing  from  the  south  and  bound  for  Hedjaz 
shall  first  stop  at  the  sanitary  station  at  Camaran,  where  they  shall  be 
subjected  to  the  measures  prescribed  in  articles  123  to  125. 

Art.  123.  Vessels  recognized  as  uninfected  after  a  medical  inspection 
shall  obtain  partique  when  the  following  operations  are  completed : 

The  pilgrims  shall  be  landed,  take  a  shower  or  sea  bath,  and  their  soiled 
linen  and  the  part  of  their  wearing  apparel  and  baggage  which  appears 
suspicious  in  the  opinion  of  the  health  authority  shall  be  disinfected. 


408  INTERNATIONAL  RELATIONS 

The  duration  of  these  operations,  including  debarkation  and  embarkation, 
shall  not  exceed  forty-eight  hours. 

If  no  real  or  suspected  case  of  plague  or  cholera  is  discovered  during 
these  operations,  the  pilgrims  shall  be  reembarked  immediately  and  the 
vessel  shall  proceed  to  Hedjaz. 

For  plague,  the  provisions  of  articles  23  and  24  shall  be  applied  with 
regard  to  the  rats  which  may  be  found  on  board  the  vessels. 

Art.  124.  Suspicious  vessels  on  board  of  which  there  were  cases  of 
plague  or  cholera  at  the  time  of  departure  but  on  which  there  has  been 
no  new  case  of  plague  or  cholera  for  seven  days,  shall  be  treated  in  the 
following  manner: 

The  pilgrims  shall  be  landed,  take  a  shower  or  sea  bath,  and  their 
soiled  linen  and  the  parts  of  their  wearing  apparel  and  baggage  which 
appears  suspicious  in  the  opinion  of  the  health  authority  shall  be  disin- 
fected. 

In  time  of  cholera  the  bilge  water  shall  be  changed. 

The  parts  of  the  vessel  occupied  by  the  patients  shall  be  disinfected. 
The  duration  of  these  operations,  including  debarkation  and  embarkation, 
shall  not  exceed  forty-eight  hours. 

If  no  real  or  suspected  case  of  plague  or  cholera  is  discovered  during 
these  operations,  the  pilgrims  shall  be  reembarked  immediately  and  the 
vessel  shall  proceed  to  Djeddah,  where  a  second  medical  inspection  shall 
take  place  on  board.  If  the  result  thereof  is  favorable,  and  on  the  strength 
of  a  written  affidavit  by  the  ship's  physician  to  the  effect  that  there  has 
been  no  case  of  plague  or  cholera  during  the  passage,  the  pilgrims  shall 
be  immediately  landed. 

If,  on  the  contrary,  one  or  more  real  or  suspected  cases  of  plague  or 
cholera  have  been  discovered  during  the  voyage  or  at  the  time  of  arrival, 
the  vessel  shall  be  sent  back  to  Camaran,  where  it  shall  undergo  anew  the 
measures  applicable  to  infected  vessels. 

For  plague,  the  provisions  of  article  22,  6th  par.,  shall  be  applicable  with 
regard  to  the  rats  which  may  be  found  on  board  the  vessels. 

Art.  125.  Infected  vessels,  that  is,  those  having  cases  of  plague  or 
cholera  on  board  or  having  had  cases  of  plague  of  cholera  within  seven 
days,  shall  undergo  the  following  treatment : 

The  persons  stricken  with  the  plague  or  cholera  shall  be  landed  and 
isolated  in  groups  comprising  as  few  persons  as  possible,  so  that  the  whole 
number  may  not  be  infected  by  a  particular  group  if  plague  or  cholera 
should  develop  therein. 

The  soiled  linen,  wearing  apparel,  and  clothing  of  the  crew  and  pas- 
sengers, as  well  as  the  vessel,  shall  be  disinfected  in  a  thorough  manner. 

However,  the  local  health  authority  may  decide  that  the  discharge  of 
the  heavy  baggage  and  the  cargo  is  not  necessary,  and  that  only  a  part 
of  the  vessel  need  be  disinfected. 

The  passengers  shall  remain  in  the  Camaran  establishment  five  days. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    409 

When  cases  of  plague  or  cholera  date  back  several  days,  the  length  of  the 
isolation  may  be  diminished.  This  length  may  vary  according  to  the  date 
of  appearance  of  the  last  case  and  the  decision  of  the  health  authority. 

The  vessel  shall  then  proceed  to  Djeddah,  where  an  individual  and 
rigorous  medical  examination  shall  be  made.  If  the  result  thereof  is 
favorable,  the  vessel  shall  obtain  partique.  If,  on  the  contrary,  real  cases 
of  plague  or  cholera  have  appeared  on  board  during  the  voyage  or  at  the 
time  of  arrival,  the  vessel  shall  be  sent  back  to  Camaran,  where  it  shall 
undergo  anew  the  treatment  applicable  to  infected  vessels. 

For  plague,  the  measures  prescribed  by  article  22  shall  be  applied  with 
regard  to  the  rats  which  may  be  found  on  board  the  vessels. 

Art.  126.  Every  sanitary  station  designed  to  receive  pilgrims  should  be 
provided  with  a  trained,  experienced,  and  sufficiently  numerous  staff,  as 
well  as  with  all  the  buildings  and  apparatus  necessary  to  insure  the  appli- 
cation, in  their  entirety,  of  the  measures  to  which  said  pilgrims  are 
subjected. 

B.     Sanitary  measures  applicable  to  Mussulman-pilgrim  ships  hailing 
from  the  North  and  bound  toward  Hedjaz 

Art.  127.  If  plague  or  cholera  is  not  known  to  exist  in  the  port  of 
departure  or  its  neighborhood,  and  if  no  case  of  plague  or  cholera  has 
occurred  during  the  passage,  the  vessel  shall  be  immediately  granted 
partique. 

Art.  128.  If  plague  or  cholera  is  known  to  exist  in  the  port  of  departure 
or  its  vicinity,  or  if  a  case  of  plague  or  cholera  has  occurred  during  the 
voyage,  the  vessel  shall  be  subjected  at  Tor  to  the  rules  established  for 
vessels  coming  from  the  south  and  stopping  at  Camaran.  The  vessels 
shall  thereupon  be  granted  partique. 

Section  V — Measures  to  be  taken  upon  the  Return  of  Pilgrims 
A.    Pilgrim   ships   returning   Northward 

Art.  129.  Every  vessel  bound  for  Suez  or  for  a  Mediterranean  port, 
having  on  board  pilgrims  or  similar  masses  of  persons,  and  hailing  from 
a  port  of  Hedjaz  or  from  any  other  port  of  the  Arabian  coast  of  the 
Red  Sea,  must  repair  to  Tor  in  order  to  undergo  the  observation  and  the 
sanitary  measures  indicated  in  articles  133  and  135. 

Art.  130.  Vessels  bringing  Mussulman  pilgrims  back  toward  the  Medi- 
terranean shall  pass  through  the  canal  in  quarantine  only. 

Art.  131.  The  agents  of  navigation  companies  and  captains  are  warned 
that,  after  completing  their  observation  period  at  the  sanitary  station  of 
Tor,  the  Egyptian  pilgrims  will  alone  be  permitted  to  leave  the  vessel 
permanently  in  order  to  return  thereupon  to  their  homes. 

Only  those  pilgrims  will  be  recognized  as  Egyptians  or  as  residents  of 
Egypt  who  are  provided  with  a  certificate  of  residence  issued  by  an 


410  INTERNATIONAL  RELATIONS 

Egyptian  authority  and  conforming  to  the  established  model.  Samples  of 
this  certificate  shall  be  deposited  with  the  consular  and  health  authorities 
of  Djeddah  and  Yambo,  where  the  agents  and  captains  of  vessels  can 
examine  them. 

Pilgrims  other  than  Egyptians,  such  as  Turks,  Russians,  Persians,  Tunis- 
ians, Algerians,  Moroccans,  etc.,  cannot  be  landed  in  an  Egyptian  port  after 
leaving  Tor.  Consequently,  navigation  agents  and  captains  are  warned 
that  the  transhipment  of  pilgrims  not  residents  of  Egypt  at  Tor,  Suez, 
Port  Said,  or  Alexandria  is  forbidden. 

Vessels  having  on  board  pilgrims  who  belong  to  the  nationalities  men- 
tioned in  the  foregoing  paragraph  shall  be  subject  to  the  rules  applicable 
to  these  pilgrims  and  shall  not  be  received  in  any  Egyptian  port  of  the 
Mediterranean. 

Art  132.  Before  being  granted  partique,  Egyptian  pilgrims  shall 
undergo  an  observation  of  three  days  and  a  medical  examination  at  Tor, 
Souakim,  or  any  other  station  designated  by  the  Board  of  Health  of 
Egypt. 

Art.  133.  If  plague  or  cholera  is  known  to  exist  in  Hedjaz  or  in  the 
port  from  which  the  vessel  hails,  or  if  it  has  existed  in  Hedjaz  during 
the  course  of  the  pilgrimage,  the  vessel  shall  be  subjected  at  Tor  to  the 
rules  adopted  at  Camaran  for  infected  vessels. 

The  persons  stricken  with  plague  or  cholera  shall  be  landed  and  isolated 
in  the  hospitals.  The  other  passengers  shall  be  landed  and  isolated  in 
groups  composed  of  as  few  persons  as  possible,  so  that  the  whole  number 
may  not  be  infected  by  a  particular  group  if  the  plague  or  cholera  should 
develop  therein. 

The  soiled  linen,  wearing  apparel,  and  clothing  of  the  crew  and  pas- 
sengers, as  well  as  the  baggage  and  cargo  suspected  of  contamination 
shall  be  landed  and  disinfected.  Their  disinfection  as  well  as  that  of  the 
vessel  shall  be  thorough. 

However,  the  local  health  authority  may  decide  that  the  unloading  of 
the  heavy  baggage  and  the  cargo  is  not  necessary,  and  that  only  a  part 
of  the  vessel  need  undergo  disinfection. 

The  measures  provided  in  articles  22  and  25  shall  be  applied  with  re- 
gard to  the  rats  which  may  be  found  on  board. 

All  the  pilgrims  shall  be  subjected  to  an  observation  of  seven  full  days 
from  the  day  on  which  the  disinfecting  operations  are  completed,  whether 
it  be  a  question  of  plague  or  cholera.  If  a  case  of  plague  or  cholera  has 
appeared  in  one  section,  the  period  of  seven  days  shall  not  begin  for  this 
section  until  the  day  on  which  the  last  case  was  discovered. 

Art.  134.  In  the  case  contemplated  in  the  preceding  article,  the  Egyp- 
tian pilgrims  shall  be  subjected,  besides,  to  an  additional  observation  of 
three  days. 

Art.  135.  If  plague  or  cholera  is  not  known  to  exist  either  in  Hedjaz 
or  in  the  port  from  which  the  vessel  hails,  and  has  not  been  known  to  exist 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    411 

in  Hedjaz  during  the  course  of  the  pilgrimage,  the  vessel  shall  be  sub- 
jected at  Tor  to  the  rules  adopted  at  Camaran  for  uninfected  vessels. 

The  pilgrims  shall  be  landed  and  take  a  shower  or  sea  bath,  and  their 
soiled  linen  or  the  part  of  their  wearing  apparel  and  baggage  which  may 
appear  suspicious  in  the  opinion  of  the  health  authority  shall  be  disinfected. 
The  duration  of  these  operations,  including  the  debarkation  and  em- 
barkation, shall  not  exceed  seventy-two  hours. 

However,  a  pilgrim  ship  belonging  to  one  of  the  nations  which  have 
adhered  to  the  stipulations  of  the  present  and  the  previous  conventions,  if 
it  has  had  no  plague  or  cholera  patients  during  the  course  of  the  voyage 
from  Djeddah  to  Yambo  or  Tor  and  if  the  individual  medical  examination 
made  at  Tor  after  debarkation  establishes  the  fact  that  it  contains  no  such 
patients,  may  be  authorized  by  the  Board  of  Health  of  Egypt  to  pass 
through  the  Suez  Canal  in  quarantine  even  at  night  when  the  following 
four  conditions  are  fulfilled: 

1.  Medical  attendance  shall  be  given  on  board  by  one  or  several  phys- 
icians commissioned  by  the  government  to  which  the  vessel  belongs. 

2.  The  vessel  shall  be  provided  with  disinfecting  chambers  and  it  shall 
be  ascertained  that  the  soiled  linen  has  been  disinfected  during  the  course 
of  the  voyage. 

3.  It  shall  be  shown  that  the  number  of  pilgrims  does  not  exceed  that 
authorized  by  the  pilgrimage  regulations. 

4.  The  captain  shall  bind  himself  to  repair  directly  to  a  port  of  the 
'  country  to  which  the  vessel  belongs. 

The  medical  examination  shall  be  made  as  soon  as  possible  after  de- 
barkation at  Tor. 

The  sanitary  tax  to  be  paid  to  the  quarantine  administration  shall  be 
the  same  as  the  pilgrims  would  have  paid  had  they  remained  in  quar- 
antine three  days. 

Art.  136.  A  vessel  which  has  had  a  suspicious  case  on  board  during 
the  voyage  from  Tor  to  Suez  shall  be  sent  back  to  Tor. 

Art.  137.  The  transshipment  of  pilgrims  is  strictly  forbidden  in  Egypt- 
ian ports. 

Art.  138.  Vessels  leaving  Hedjaz  and  having  on  board  pilgrims  who  are 
bound  for  a  port  on  the  African  shore  of  the  Red  Sea  shall  be  authorized 
to  proceed  directly  to  Souakim  or  to  such  other  place  as  the  Board  of 
Health  of  Alexandria  may  determine,  where  they  shall  submit  to  the 
same  quarantine  procedure  as  at  Tor. 

Art.  139.  Vessels  sailing  from  Hedjaz  or  from  a  port  on  the  Arabian 
coast  of  the  Red  Sea  with  a  clean  bill  of  health,  having  no  pilgrims  or 
similar  groups  of  people  on  board,  and  which  have  had  no  suspicious  oc- 
currence during  the  voyage,  shall  be  granted  partique  at  Suez  after  a 
favorable  medical  inspection. 

Art.  140.  When  plague  or  cholera  shall  have  been  proven  to  exist  in 
Hedjaz: 


412  INTERNATIONAL  RELATIONS 

1.  Caravans   composed   of    Egyptian   pilgrims   shall,   before   going   to 
Egypt,  undergo  at  Tor  a  rigid  quarantine  of  seven  days  in  case  of  cholera 
or  plague.      They  shall  then  undergo  an  observation  of  three  days  at  Tor, 
after  which  they  shall  not  be  granted  partique  until  a  favorable  medical 
inspection  has  been  made  and  their  belongings  have  been  disinfected. 

2.  Caravans  composed  of  foreign  pilgrims  who  are  about  to  return  to 
their  homes  by  land  routes  shall  be  subjected  to  the  same  measures  as  the 
Egyptian  caravans  and  shall  be  accompanied  by  sanitary  guards  to  the 
edge  of  the  desert. 

Art.  141.  When  plague  or  cholera  has  not  been  observed  in  Hedjaz,  the 
caravans  of  pilgrims  coming  from  Hedjaz  by  way  of  Akaba  or  Moila  shall, 
upon  their  arrival  at  the  canal  or  at  Nakhel,  be  subjected  to  a  medical 
examination  and  their  soiled  linen  and  wearing  apparel  shall  be  disinfected. 

B.    Pilgrims  returning  Southward 

Art.  142.  Sufficiently  complete  sanitary  arrangements  shall  be  installed 
in  the  ports  of  embarkation  of  Hedjaz  in  order  to  render  possible  the 
application  to  pilgrims  who  have  to  travel  southward  in  order  to  return 
to  their  homes,  of  the  measures  which  are  obligatory  by  virtue  of  articles 
10  and  54  at  the  moment  of  departure  of  these  pilgrims  in  the  ports 
situated  beyond  the  Straits  of  Bab-el  Mandeb. 

The  application  of  these  measures  is  optional ;  that  it,  they  are  only 
to  be  applied  in  those  cases  in  which  the  consular  officer  of  the  country 
to  which  the  pilgrim  belongs,  or  the  physician  of  the  vessel  on  which 
he  is  about  to  embark,  deems  them  necessary. 

Chapter  III — Penalties 

Art.  143.  Every  captain  convicted  of  not  having  conformed,  in  the  dis- 
tribution of  water,  provisions,  or  fuel,  to  the  obligations  assumed  by  him, 
shall  be  liable  to  a  fine  of  two  Turkish  pounds.  This  fine  shall  be  col- 
lected for  the  benefit  of  the  pilgrim  who  shall  have  been  the  victim  of 
the  default,  and  who  shall  prove  that  he  has  vainly  demanded  the  execu- 
tion of  the  agreement  made. 

Art.  144.  Every  infraction  of  article  101  shall  be  punished  by  a  fine  of 
thirty  Turkish  pounds. 

Art.  145.  Every  captain  who  has  committed  or  knowingly  permitted  any 
fraud  whatever  concerning  the  list  of  pilgrims  or  the  bill  of  health  pro- 
vided for  in  article  107  shall  be  liable  to  a  fine  of  fifty  Turkish  pounds. 

Art.  146.  Every  captain  of  a  vessel  arriving  without  a  bill  of  health 
from  the  port  of  departure,  or  without  a  vise  from  the  ports  of  call 
or  who  is  not  provided  with  the  list  required  by  the  regulations  and 
regularly  kept  in  accordance  with  articles  107,  120,  and  121,  shall  be  liable 
in  each  case  to  a  fine  of  twelve  Turkish  pounds. 

Art.  147.  Every  captain  convicted  of  having  or  having  had  on  board 
more  than  100  pilgrims  without  the  presence  of  a  commissioned  physician 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    413 

in  conformity  with  the  provisions  of  article  100  shall  be  liable  to  a  fine 
of  thirty  Turkish  pounds. 

Art.  148.  Every  captain  convicted  of  having  or  having  had  on  board 
a  greater  number  of  pilgrims  than  that  which  he  is  authorized  to  embark 
in  conformity  with  the  provisions  of  article  107  shall  be  liable  to  a  fine  of 
five  Turkish  pounds  for  each  pilgrim  in  excess. 

Art.  149.  Every  captain  convicted  of  having  landed  pilgrims  at  a  place 
other  than  their  destination,  except  with  their  consent  or  excepting  cases 
of  vis  major,  shall  be  liable  to  a  fine  of  twenty  Turkish  pounds  for  each 
pilgrim  wrongfully  landed. 

Art.  150.  All  other  infractions  of  the  provisions  relative  to  pilgrim 
ships  are  punishable  by  a  fine  of  from  10  to  100  Turkish  pounds. 

Art.  151.  Every  violation  proven  in  the  course  of  a  voyage  shall  be 
noted  on  the  bill  of  health  as  well  as  on  the  list  of  pilgrims.  The  com- 
petent authority  shall  draw  up  a  report  thereof  and  deliver  it  to  the  proper 
party. 

Art.  152.  All  agents  called  upon  to  assist  in  the  execution  of  the  pro- 
visions of  the  present  Convention  with  regard  to  pilgrim  ships  are  liable 
to  punishment  in  conformity  with  the  laws  of  their  respective  countries 
in  case  of  faults  committed  by  them  in  the  application  of  the  said  pro- 
visions. 

Title  IV — Surveillance  and  Execution 
I.     Sanitary,    Maritime,   and   Quarantine   Board   of   Egypt 

Art.  153.  The  stipulations  of  Appendix  III  of  the  Sanitary  Convention 
of  Venice  of  January  30,  1892,  concerning  the  composition,  rights  and 
duties,  and  operation  of  the  Sanitary,  Maritime,  and  Quarantine  Board 
of  Egypt,  are  confirmed  as  they  appear  in  the  decrees  of  His  Highness  the 
Khedive  under  date  of  June  19,  1893,  and  December  25,  1894,  as  well  as  in 
the  ministerial  decision  of  June  19,  1893. 

The  said  decrees  and  decisions  are  annexed  to  the  present  Convention. 
(Appendix  II.) 

Art.  154.  The  ordinary  expenses  resulting  from  the  provisions  of  the 
present  convention,,  especially  those  relating  to  the  increase  of  the  per- 
sonnel belonging  to  the  Sanitary,  Maritime,  and  Quarantine  Board  of 
Egypt,  shall  be  covered  by  means  of  an  annual  supplementary  payment  by 
the  Egyptian  Government  of  the  sum  of  4,000  Egyptian  pounds,  which 
may  be  taken  from  the  surplus  revenues  from  the  lighthouse  service  re- 
maining at  the  disposal  of  said  Government. 

However,  the  proceeds  of  a  supplementary  quarantine  tax  of  ten  tariff 
dollars  per  pilgrim  to  be  collected   at  Tor  shall  be   deducted   from  this 
sum- 
In  case  the  Egyptian  Government  shall  find  difficulty  in  bearing  this 
share  of  the  expenses,  the  Powers  represented  in  the  Board  of  Health 


4i4  INTERNATIONAL  RELATIONS 

shall  reach  an  understanding  with  the  Khedival  Government  in  order  to 
insure  the  participation  of  the  latter  in  the  expenses  contemplated. 

Art.  155.  The  Sanitary,  Maritime  and  Quarantine  Board  of  Egypt 
shall  undertake  the  task  of  bringing  the  provisions  of  the  present  con- 
vention into  conformity  with  the  regulations  at  present  enforced  by  it 
in  regard  to  the  plague,  cholera,  and  yellow  fever,  as  well  as  with  the 
regulations  relative  to  arrivals  from  the  Arabian  ports  of  the  Red  Sea 
during  the  pilgrim  season. 

To  the  same  end  it  shall,  if  necessary,  revise  the  general  regulations  of 
the  sanitary,  maritime,  and  quarantine  police  at  present  in  force. 

These  regulations,  in  order  to  become  effective,  must  be  accepted  by  the 
various  Powers  represented  on  the  Board. 

II — The  International  Health  Board  of  Tangier 

Art.  156.  In  the  interest  of  public  health,  the  High  Contracting  Parties 
agree  that  their  representatives  in  Morocco  shall  again  invite  the  attention 
of  the  International  Health  Board  of  Tangier  to  the  necessity  of  enforcing 
the  provisions  of  the  sanitary  conventions. 

Ill — Miscellaneous  Provisions 

Art.  157.  The  proceeds  from  the  sanitary  taxes  and  fines  shall  in  no 
case  be  employed  for  objects  other  than  those  within  the  scope  of  the 
Boards  of  Health. 

Art.  158.  The  High  Contracting  Parties  agree  to  have  a  set  of  instruc- 
tions prepared  by  their  health  departments  for  the  purpose  of  enabling 
captains  of  vessels,  especially  when  there  is  no  physician  on  board,  to 
enforce  the  provisions  contained  in  the  present  convention  with  regard  to 
plague,  cholera,  and  yellow  fever. 

Title  V — Adhesions  and  Ratifications 

Art.  159.  The  Governments  which  have  not  signed  the  present  conven- 
tion shall  be  permitted  to  adhere  thereto  upon  rquest.  Notice  of  this 
adhesion  shall  be  given  through  diplomatic  channels  to  the  Government 
of  the  French  Republic  and  by  the  latter  to  the  other  signatory  govern- 
ments. 

Art.  160.  The  present  convention  shall  be  ratified  and  the  ratifications 
thereof  deposited  at  Paris  as  soon  as  possible. 

It  shall  be  enforced  as  soon  as  it  shall  have  been  proclaimed  in  con- 
formity with  the  legislation  of  the  signatory  nations.  In  the  respective 
relations  of  the  Powers  which  have  ratified  it,  it  shall  supersede  the  inter- 
national sanitary  conventions  signed  January  30,  1892;  April  15,  1893; 
April  3,  1894;  March  19,  1897;  and  December  3,  1903. 

The  previous  arrangements  enumerated  above  shall  remain  in  force  with 
regard  to  the  Powers  which,  having  signed  or  adhered  to  them,  may  not 
ratify  or  accede  to  the  present  act. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    415 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  convention  and  affixed  thereto  their  seals. 

Done  at  Paris  on  January  7,  1912,  in  a  single  copy  which  shall  remain 
deposited  in  the  archives  of  the  Government  of  the  French  Republic,  and 
of  which  certified  copies  shall  be  transmitted  through  the  diplomatic 
channels  to  the  Contracting  Powers. 

(Signatures)14 

The  foregoing  convention  is  a  strong  illustration  of  the 
tendency  for  a  body  of  representatives  of  the  nations  who  un- 
dertake the  task  of  protecting  the  nations  from  certain  clearly 
defined  dangers  and  evils,  to  also  guard  against  minor  incidental 
evils  affecting  the  people  most  directly  concerned  with  their  un- 
dertaking. The  menaces  of  plague,  cholera,  and  yellow  fever, 
whenever  prevalent  in  any  part  of  the  world,  arouse  the  appre- 
hensions of  all  the  nations  and  call  for  most  efficient  measures 
to  prevent  their  spread.  The  religious  enthusiasm  of  Moham- 
medan pilgrims  induces  them  not  only  to  incur  all  the  personal 
risks  of  journeying  into  infected  lands,  but  to  do  so  in  multi- 
tudes under  very  unsanitary  conditions.  Supervision  of  the 
vessels  in  which  they  are  transported  is  therefore  a  matter  of 
prime  importance  in  carrying  out  the  sanitary  regulations 
necessary  in  order  to  prevent  them  from  carrying  disease  from 
place  to  place.  To  make  the  sanitary  measures  effective  it  is 
necessary  to  protect  the  pilgrims^from  disease.  Cleansing  and 
disinfection  are  for  the  benefit  of  all  concerned.  But  there  are 
many  provisions  in  this  convention  designed  to  protect  the 
pilgrims  against  fraud,  oppression  and  suffering  which  have 
little  or  no  direct  connection  with  sanitation.  The  require- 
ments of  pure  food  and  water  and  sufficient  room  tend  to 
insure  comfort  as  well  as  health,  but  those  against  extortion 
and  landing  them  at  ports  other  than  their  destination  are 
solely  for  the  personal  protection  of  the  pilgrims.  Passengers 
are  guarded  against  unreasonable  detention  while  the  sanitary 
measures  are  being  taken  with  the  same  care  that  is  given  to 
cleansing  and  disinfection  in  the  general  interest. 

The  invention  of  the  wireless  telegraph  dispensing  with  the 
necessity  for  wires  or  cables  in  order  to  communicate  in  any 

14  Senate  Documents,  3rd  Session  62nd  Congress,  10,  390  to  429. 


4i6  INTERNATIONAL  RELATIONS 

direction  by  land  or  sea  called  for  international  regulation  of 
its  use.  A  conference  was  therefore  held  of  twenty-seven 
nations  representing  all  the  continents  at  Berlin  where  a  con- 
vention was  signed  on  November  3,  1906.  In  1912  at  a  con- 
ference held  in  London  another  convention  was  signed  which 
is  as  follows : 

INTERNATONAL  WIRELESS  TELEGRAPH  CONVENTION 

The  undersigned,  plenipotentiaries  of  the  Governments  of  the  countries 
enumerated  above,  having  met  in  conference  at  London,  have  agreed  on  the 
following  Convention,  subject  to  ratification : 

Article  I.  The  High  Contracting  Parties  bind  themselves  to  apply  the 
provisions  of  the  present  Convention  to  all  wireless  telegraph  stations 
open  to  public  service  between  the  coast  and  vessels  at  sea — both  coastal 
stations  and  stations  on  shipboard — which  are  established  or  worked  by  the 
Contracting  Parties. 

They  further  bind  themselves  to  make  the  observance  of  these  provisions 
obligatory  upon  private  enterprises  authorized  either  to  establish  or  work 
coastal  stations  for  wireless  telegraphy  open  to  the  service  of  public  cor- 
respondence between  the  coast  and  vessels  at  sea,  or  to  establish  or  work 
wireless  telegraph  stations,  whether  open  to  general  public  service  or  not, 
on  board  of  vessels  flying  their  flag. 

Art.  2.     By  "coastal  stations"  is  to  be  understood  every  radio  station 
established  on  shore  or  on  board  a  permanently  moored  vessel  used  for 
the  exchange  of  correspondence  with  ships  at  sea. 

Every  radio  station  established  on  board  any  vessel  not  permanently 
moored  is  called  "a  station  on  shipboard." 

Art.  3.  The  coastal  stations  and  the  stations  on  shipboard  shall  be 
bound  to  exchange  radiograms  without  distinction  of  the  radio  system 
adopted  by  such  stations. 

Every  station  or  shipboard  shall  be  bound  to  exchange  radiograms  with 
every  other  station  on  shipboard  without  distinction  of  the  radio  system 
adopted  by  such  stations. 

However,  in  order  not  to  impede  scientific  progress,  the  provisions  of 
the  present  Article  shall  not  prevent  the  eventual  employment  of  a  radio 
system  incapable  of  communicating  with  other  systems,  provided  that  such 
incapacity  shall  be  due  to  the  specific  nature  of  such  system  and  that  it 
shall  not  be  the  result  of  devices  adopted  for  the  sole  purpose  of  prevent- 
ing intercommunication. 

Art.  4.  Notwithstanding  the  provisions  of  Article  3,  a  station  may  be 
reserved  for  a  limited  public  service  determined  by  the  object  of  the 
correspondence  or  by  other  circumstances  independent  of  the  system  em- 
ployed. 

Art.  5.    Each  of  the  High  Contracting  Parties  undertakes  to  connect  the 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    417 

coastal  stations  to  the  telegraph  system  by  special  wires,  or,  at  least,  to 
take  other  measures  which  will  insure  a  rapid  .exchange  between  the 
coastal  stations  and  the  telegraph  system. 

Art.  6.  The  High  Contracting  Parties  shall  notify  one  another  of  the 
names  of  coastal  stations  and  stations  on  shipboard  referred  to  in  Article 
I,  and  also  of  all  data  necessary  to  facilitate  and  accelerate  the  exchange 
of  radiograms,  as  specified  in  the  regulations. 

Art.  7.  Each  of  the  High  Contracting  Parties  reserve  the  right  to  pre- 
scribe or  permit  at  the  stations  referred  to  in  Article  I,  apart  from  the 
installation  the  data  of  which  are  to  be  published  in  conformity  with 
Article  6,  the  installation  and  working  of  other  devices  for  the  purpose  of 
establishing  special  radio  communication  without  publishing  the  details 
of  such  devices. 

Art.  8.  The  working  of  the  radio  stations  shall  be  organized  as  far  as 
possible  in  such  manner  as  not  to  disturb  the  service  of  other  radio 
stations. 

Art.  9.  Radio  stations  are  bound  to  give  absolutely  priority  to  calls  of 
distress  from  whatever  source,  to  similarly  answer  such  calls  and  to  take 
such  action  with  regard  thereto  as  may  be  required. 

Art.  10.  The  charges  for  a  radiogram  shall  comprise,  according  to  the 
circumstances : 

1.  (a)    The   coastal   rate,   which   shall    fall    to    the    coastal    station; 
(b)    The  shipboard  rate,  which  shall  fall  to  the  shipboard  station. 

2.  The  charge  for  transmission  over  the  telegraph  lines,  to  be  com- 
puted according  to  the  ordinary  rules. 

3.  The  charges  for  transit  through  the  intermediate  coastal  or  shipboard 
stations  and  the  charges  for  special  services  requested  by  the  sender. 

The  coastal  rate  shall  be  subject  to  the  approval  of  the  Government 
of  which  the  coastal  station  is  dependent,  and  the  shipboard  rate  to  the 
approval  of  the  Government  of  which  the  ship  is  dependent. 

Art.  ii.  The  provisions  of  the  present  convention  are  supplemented  by 
Regulations,  which  shall  have  the  same  force  and  go  into  effect  at  the 
same  time  as  the  Convention. 

The  provisions  of  the  present  Convention  and  of  the  Regulations  re- 
lating thereto  may  at  any  time  be  modified  by  the  High  Contracting  Parties 
by  common  consent.  Conferences  of  plenipotentiaries  having  power  to 
modify  the  Convention  and  the  Regulations,  shall  take  place  from  time 
to  time;  each  conference  shall  fix  the  time  and  place  of  the  next  meeting. 

Art.  12.  Such  conferences  shall  be  composed  of  delegates  of  the  Gov- 
ernments of  the  .contracting  countries. 

In  the  deliberations  each  country  shall  have  but  one  vote. 

If  a  Government  adheres  to  the  Convention  for  i'ts  colonies,  possessions 
or  protectorates,  subsequent  conferences  may  decide  that  such  colonies, 
possessions  or  protectorates,  or  a  part  thereof,  shall  be  considered  as  form- 
ing a  country  as  regards  the  application  of  the  preceding  paragraph. 
But  the  number  of  votes  at  the  disposal  of  one  Government,  including 
its  colonies,  possessions  or  protectorates,  shall  in  no  case  exceed  six. 


4i8  INTERNATIONAL  RELATIONS 

The  following  shall  be  considered  as  forming  a  single  country  for  the 
application  of  the  present  Article : 

German  East  Africa 

German  Southwest  Africa 

Kamerun 

Togo    Land 

German  Protectorates  in  the  Pacific 

Alaska 

Hawaii  and  the  other  American  possessions  in  Polynesia 

The  Philippine  Islands 

Porto  Rico  and  the  American  possessions  in  the  Antilles 

The  Panama  Canal  Zone 

The  Belgian  Congo 

The  Spanish  Colony  of  the  Gulf  of  Guinea 

French  East  Africa 

French  Equatorial  Africa 

Indo-China 

Madagascar 

Tunis 

The  Union  of  South  Africa 

The  Australian  Federation 

Canada 

British  India 

New  Zealand 

Eritrea 

Italian  Somaliland 

Chosen,  Formosa,  Japanese  Sakhalin  and  the  leased  territory  of  Kwan- 
tung 

The  Dutch  Indies 

The  Colony  of  Curacao 

Portuguese  West  Africa 

Portuguese  East  Africa  and  the  Portuguese  possessions  in  Asia 

Russian  Central  Asia  (littoral  of  the  Caspian  Sea) 

Bokhara 

Khiva 

Western  Siberia  (littoral  of  the  Arctic  Ocean) 

Eastern   Siberia    (littoral  of   the  Pacific  Ocean) 

Art.  13.  The  International  Bureau  of  the  Telegraph  Union  shall  be 
charged  with  collecting,  coordinating  and  publishing  information  of  every 
kind  relating  to  radiotelegraphy,  examining  the  applications  for  changes 
in  the  Convention  or  Regulations,  promulgating  the  amendments  adopted, 
and  generally  performing  all  administrative  work  referred  to  it  in  the 
interest  of  international  radiotelegraphy. 

The  expense  of  such  institution  shall  be  borne  by  all  the  contracting 
countries. 

Art.  14.    Each  of  the  High  Contracting  Parties  reserves  to  itself  the 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    419 

right  of  fixing  the  terms  on  which  it  will  receive  radiograms  proceeding 
from  or  intended  for  any  station,  whether  on  shipboard  or  coastal,  which 
is  not  subject  to  the  provisions  of  the  present  Convention. 

If  a  radiogram  is  received  the  ordinary  rates  shall  be  applicable  to  it. 

Any  radiogram  proceeding  from  a  station  on  shipboard  and  received  by 
a  coastal  station  of  a  contracting  country,  or  accepted  in  transit  by  the 
administration  of  a  contracting  country,  shall  be  forwarded. 

Any  radiogram  intended  for  a  vessel  shall  also  be  forwarded  if  the 
administration  of  the  contracting  country  has  accepted  it  originally  or  in 
transit  from  a  non-contracting  country,  the  coastal  station  reserving  the 
right  to  refuse  transmission  to  a  station  on  shipboard  subject  to  a  non- 
contracting  country. 

Art.  15.  The  provisions  of  Articles  8  and  9  of  this  Convention  are  also 
applicable  to  radio  installations  other  than  those  referred  to  in  Article  I. 

Art.  16.  Governments  which  are  not  parties  to  the  present  Convention 
shall  be  permitted  to  adhere  to  it  upon  their  request.  Such  adherence  shall 
be  communicated  through  diplomatic  channels  to  the  contracting  Govern- 
ment in  whose  territory  the  last  conference  shall  have  been  held,  and  by 
the  latter  to  the  remaining  Governments. 

The  adherence  shall  carry  with  it  to  the  fullest  extent  acceptance  of 
all  the  clauses  of  this  Convention  and  admission  to  all  the  advantages 
stipulated  therein. 

The  adherence  to  the  Convention  by  the  Government  of  a  country 
having  colonies,  possessions  or  protectorates  shall  not  carry  with  it  the 
adherence  of  its  colonies,  possessions  or  protectorates  unless  a  declaration 
to  that  effect  is  made  by  such  Government.  Such  colonies,  possessions 
and  protectorates,  as  a  whole  or  each  of  them,  separately,  may  form  the 
subject  of  a  separate  adherence  or  a  separate  denunciation  within  the 
provisions  of  the  present  Article  and  of  Article  22. 

Art.  17.  The  provisions  of  Articles  i,  2,  3,  4,  5,  6,  7,  8,  II,  12,  and  17, 
of  the  International  Telegraph  Convention  of  St.  Petersburg  of  July  10-22, 
1875,  shall  be  applicable  to  international  radiotelegraphy. 

Art.  18.  In  case  of  disagreement  between  two  or  more  contracting 
Governments  regarding  the  interpretation  or  execution  of  the  present 
Convention  or  of  the  Regulations  referred  to  in  article  i,  the  question  in 
dispute  may,  by  mutual  agreement,  be  submitted  to  arbitration.  In  such 
case  each  of  the  Governments  concerned  shall  choose  another  Government 
not  interested  in  the  question  at  issue. 

The  decision  of  the  arbiters  shall  be  arrived  at  by  the  absolute  majority 
of  votes. 

In  case  of  a  division  of  votes,  the  arbiters  shall  choose,  for  the  pur- 
pose of  settling  the  disagreement,  another  contracting  Government  which 
is  likewise  a  stranger  to  the  question  at  issue..  In  case  of  failure  to  agree 
on  a  choice,  each  arbiter  shall  propose  a  disinterested  contracting  Govern- 
ment and  lots  shall  be  drawn  between  the  Governments  proposed.  The 
drawing  of  the  lots  shall  fall  to  the  Government  within  whose  territory 
the  international  Bureau  provided  for  in  Article  13  shall  be  located. 


420  INTERNATIONAL  RELATIONS 

Art.  19.  The  High  Contracting  Parties  bind  themselves  to  take,  or  pro- 
pose to  their  respective  legislatures,  the  neccessary  measures  for  insuring 
the  execution  of  the  present  Convention. 

Art.  20.  The  High  Contracting  Parties  shall  communicate  to  one  another 
any  laws  already  framed,  or  which  may  be  framed,  in  their  respective 
countries  relative  to  the  object  of  the  present  Convention. 

Art.  21.  The  High  Contracting  Parties  shall  preserve  their  entire  liberty 
as  regards  radio  installations  other  than  provided  for  in  Article  i,  espe- 
cially naval  and  military  installations,  and  stations  used  for  communica- 
tions between  fixed  points.  All  such  installations  and  stations  shall  be 
subject  only  to  the  obligations  provided  for  in  Articles  8  and  9  of  the 
present  Convention. 

However,  when  such  installations  and  stations  are  used  for  public 
maritime  service  they  shall  conform,  in  the  execution  of  such  service,  to 
the  provisions  of  the  Regulations  as  regards  the  mode  of  transmission 
and  rates. 

On  the  other  hand  if  coastal  stations  are  used  for  general  public  service 
with  ships  at  sea  and  also  for  communication  between  fixed  points,  such 
stations  shall  not  be  subject,  in  the  execution  of  the  last  named  service, 
to  the  provisions  of  the  Convention  except  for  the  observance  of  Articles 
8  and  9  of  this  Convention. 

Nevertheless,  fixed  stations  used  for  correspondence  between  land  and 
land  shall  not  refuse  the  exchange  of  radiograms  with  another  fixed  station 
on  account  of  the  system  adopted  by  such  station ;  the  liberty  of  each 
country  shall,  however,  be  complete  as  regards  the  organization  of  the 
service  for  correspondence  between  fixed  points  and  the  nature  of  the 
correspondence  to  be  effected  by  the  stations  reserved  for  such  service. 

Art.  22.  The  present  Convention  shall  go  into  effect  on  the  ist  day 
of  July,  1913,  and  shall  remain  in  force  for  an  indefinite  period  or  until 
the  expiration  of  one  year  from  the  day  when  it  shall  be  denounced  by 
any  of  the  Contracting  parties. 

Such  denunciation  shall  affect  only  the  Government  in  whose  name  it 
shall  have  been  made.  As  regards  the  other  Contracting  Powers,  the  Con- 
vention shall  remain  in  force. 

Art.  23.  The  present  Convention  shall  be  ratified  and  the  ratifications 
exchanged  at  London  with  the  least  possible  delay. 

In  case  one  or  several  of  the  High  Contracting  Parties  shall  not  ratify 
the  Convention,  it  shall  nevertheless  be  valid  as  to  the  parties  which  shall 
have  ratified  it. 

In  witness  whereof  the  respective  plentipotentiaries  hare  signed  one 
copy  of  the  Convention,  which  shall  be  deposited  in  the  archives  of  the 
British  Government,  and  a  copy  of  which  shall  be  transmitted  to  each 
Party. 

Done  at  London,  July  5,  1912. 

(Signatures)15 

15  Senate  Documents,  3d  Session  62d  Congress,  10,  185. 


OTHER  RECENT  GENERAL  WELFARE  CONVENTIONS    421 

The  convention  is  signed  by  Plenipotentiaries  of  the  following  coun- 
tries: Germany  and  the  German  Protectorates;  The  United  States  and 
the  possessions  of  the  United  States;  the  Argentine  Republic;  Austria- 
Hungary;  Bosnia-Herzegovina;  Belgium;  Belgian  Congo;  Brazil;  Bul- 
garia; Chile;  Denmark;  Egypt;  Spain  and  the  Spanish  Colonies;  France 
and  Algeria ;  French  West  Africa ;  French  Equatorial  Africa ;  Indo-China ; 
Madagascar ;  Tunis ;  Great  Britain  and  the  various  British  Colonies  and 
Protectorates;  the  Union  of  South  Africa;  the  Australian  Federation; 
Canada;  British  India;  New  Zealand;  Greece;  Italy  and  the  Italian  Col- 
onies; Japan  and  for  Chosen,  Formosa,  Japanese  Sakhalin,  and  the  leased 
territory  of  Kwangtung;  Morocco;  Monaco;  Norway;  Netherlands;  Dutch 
Indies  and  the  Colony  of  Curacao;  Persia;  Portugal  and  the  Portuguese 
Colonies ;  Roumania ;  Russia  and  the  Russian  possessions  and  Protec- 
torates ;  San  Marino ;  Siam ;  Sweden ;  Turkey ;  and  Uruguay. 

The  Service  Regulations  affixed  to  the  Convention  are  con- 
tained in  fifty  articles  and  are  full  and  technical  in  their  pro- 
visions. The  Convention  and  Regulations  are  unique  in  their 
provisions  and  in  the  general  scope  of  the  international  under- 
taking because  the  service  to  which  they  apply  is  new  and  in  its 
nature  will  not  endure  restriction  by  national  boundaries.  The 
radio  waves  pay  no  heed  to  artificial  lines.  The  force  behind 
them  is  universal  and  all-pervading.  The  service  is  confined 
to  neither  land  nor  sea,  and  the  full  benefits  of  its  use  can  only 
be  obtained  through  the  cooperation  of  all  the  nations.  It  is 
necessary  that  ships  on  the  sea  be  allowed  to  communicate  with 
the  land  within  the  range  of  their  installations,  no  matter  what 
sovereignty  it  may  acknowledge,  that  ship  communicate  with 
ship  no  matter  what  flag  each  flies,  that  costal  stations  com- 
municate with  the  shipping  within  their  range  and  that  mes- 
sages be  transferred  to  wire  lines  when  necessary  to  reach  their 
destination.  No  other  invention  makes  such  an  imperative 
demand  for  the  nations  to  agree  and  cooperate  as  this.  No 
nation  can  afford  to  forego  the  use  of  it,  nor  can  it  secure  the 
full  advantage  of  it  without  combining  with  all  the  other  na- 
tions. International  law  as  it  existed  when  the  invention  was 
first  made  had  no  rules  to  offer.  It  was  a  blank  on  the  sub- 
ject for  it  knew  nothing  of  it. 


CHAPTER  IX 

INTERNATIONAL   GOVERNMENTAL 
ESTABLISHMENTS 

The  system  of  diplomatic  representatives  of  each  govern- 
ment residing  at  the  seat  of  government  of  every  other  state 
has  resulted  in  the  formation  of  a  diplomatic  corps  in  each 
capital,  but  this  corps  performs  no  function  as  an  organized 
body.  The  members  of  it  act  separately  under  instructions 
from  their  respective  governments  and  their  duties  are  ordinar- 
ily confined  to  dealings  with  the  government  to  which  they 
are  accredited.  Unless  acting  under  special  instructions  from 
his  government  the  intercourse  of  an  ambassador  with  mem- 
bers of  the  diplomatic  corps  from  other  countries  is  social 
rather  than  official.  Nevertheless,  matters  of  general  interest 
are  often  discussed  informally  by  members  of  the  diplomatic 
body  and  to  the  interchange  of  their  personal  views  many  of 
the  general  conferences  owe  their  origin.  These  have  been 
called  by  the  government  of  one  or  another  nation  and  attended 
by  plenipotentiaries  of  such  and  so  many  states  as  see  fit  to 
respond,  there  being  no  obligation  on  any  of  them  to  respond 
to  the  invitation.  As  a  result  of  conferences  so  called  and  of 
the  conventions  agreed  on  and  ratified  in  due  form  a  number  of 
international  governmental  agencies  with  well  defined  func- 
tions and  continuing  powers  have  been  established  at  different 
places. 

The  International  Bureau  of  Weights  and  Measures  estab- 
lished at  Paris  under  the  treaty  of  1875  called  for  an  initial 
outlay  of  400,000  francs  for  building  and  equipment  and  an 
annual  expenditure  of  not  exceeding  100,000  francs.  Within 
its  limited  sphere  the  Bureau  acts  and  speaks  for  all  the  nations 
that  have  joined  in  its  creation  and  support.  The  distribu- 
tion of  the  small  burden  of  expenses  is  based  on  population 
expressed  in  millions  among  the  countries  divided  into  three 
classes ;  those  in  which  the  use  of  the  metric  system  is  obliga- 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  423 

tory  multiplied  by  three,  those  in  which  it  is  optional  by 
two,  and  the  others  by  one.  The  operations  of  the  bureau  are 
under  the  direction  and  supervision  of  an  international  com- 
mittee composed  of  fourteen  members,  which  in  turn  is  under 
the  control  of  a  general  conference  of  delegates  of  the  govern- 
ments which  are  parties  to  the  convention. 

The  International  Postal  Union  with  its  Bureau  at  Berne  is 
peculiar  in  the  principles  of  its  organization  and  operation  in 
several  ways :  It  connects  a  great  department  of  each  gov- 
ernment with  a  like  department  of  every  other  government;  it 
authorizes  these  departments  to  deal  directly  with  each  other 
without  the  intervention  'of  either  the  foreign  office  or  the 
diplomatic  corps ;  it  allows  the  postal  administrations  to  confer 
with  each  other  and  make  changes  in  the  regulations  governing 
the  international  service ;  it  provides  for  the  division  of  the  in- 
come from  a  continuing  business  in  a  most  surprisingly  simple 
and  satisfactory  manner;  it  also  apportions  the  burdens  of  the 
service  in  like  manner;  it  is  a  great  international  department 
of  government  for  a  world  that  as  yet  has  no  general  govern- 
ment ;  its  general  office  is  the  International  Bureau  of  the  Uni- 
versal Postal  Union  at  Berne,  the  ordinary  yearly  expenses  of 
which  are  limited  to  125,000  francs,  irrespective  of  the  special 
expenses  of  meetings  of  a  congress  or  conference.  It  seems  al- 
most incredible  that  so  small  a  sum  can  be  made  to  defray  the 
expenses  of  this  service.  This  expense  is  apportioned  among 
the  nations  divided  into  seven  classes.  Loose  as  the  bonds  hold- 
ing this  organization  together  appear  to  be  they  have  stood  the 
strain  of  the  great  war  and  at  its  conclusion  the  exchange  of 
mails  goes  on  as  before  without  any  need  of  change  in  the 
system.  The  Universal  Postal  Union  seems  to  be  as  firmly  es- 
tablished as  any  existing  governmental  structure. 

The  International  Bureau  of  the  Telegraph  Union  also  has 
its  seat  at  Berne.  By  the  conventions  of  Berlin,  November  3, 
1906,  and  London,  July  5,  1912,  radio  telegraphy  was  placed 
under  its  supervision  with  a  limitation  on  the  expenses  of  the 
Bureau  in  connection  with  this  service  to  80,000  francs  per 
year.  International  supervision  of  the  service  of  the  wireless 
telegraph  is  even  more  imperative  than  of  the  transmission 


424  INTERNATIONAL  RELATIONS 

of  mails,  and  this  international  organization  appears  to  be  a 
permanent  one,  subject  however  to  changes  and  modifications. 

Connected  with  the  Foreign  Office  of  the  Government  of 
Belgium  two  international  bureaus  have  been  established :  one 
under  the  General  Act  for  the  Repression  of  the  African  Slave 
Trade ;  the  other  under  the  convention  providing  for  the  pub- 
lication of  customs  tariffs.  The  latter  provides  for  an  esti- 
mated expenditure  of  125,000  francs  per  year.  The  Slave 
Trade  Act  also  provides  for  an  international  office  at  Zanzibar. 

The  International  Institute  of  Agriculture  with  its  seat  at 
Rome  is  another  governmental  organization  joining  all  the 
nations  for  the  performance  of  a  limited,  though  very  useful 
service.  It  is  declared  to  be  a  permanent  institution,  organized 
with  a  general  assembly  of  representatives  of  all  the  adhering 
governments.  The  expenses  are  paid  by  the  nations  divided 
into  five  groups  with  units  of  assessment  ranging  from  one 
to  sixteen  and  are  not  to  exceed  2,500  francs  per  unit. 

Paris  has  a  second  permanent  international  bureau,  that  of 
Public  Health.  Its  purpose  is  to  collect  and  distribute  infor- 
mation relating  to  public  health  and  especially  to  infectious 
and  contagious  diseases.  The  annual  expenses  of  it  are  esti- 
mated at,  but  not  strictly  limited  to  150,000  francs. 

All  the  foregoing  organizations  are  designed  to  be  world 
wide  in  their  operations  and  some  of  them  are  so  in  fact.  The 
Western  Hemisphere  maintains  three  bureaus,  one  at  Washing- 
ton, one  at  Habana,  and  one  at  Rio  de  Janeiro.  These  dis- 
charge useful  functions  under  the  treaties  above  mentioned  but 
their  operations  are  intended  to  be  confined  to  America. 

The  great  Hague  conferences  established  one  international 
organization  which  may  in  time  prove  to  be  at  least  the  begin- 
ning of  the  most  important  of  all,  the  Court  of  Arbitration, 
with  its  permanent  Bureau  and  Administrative  Council  at  The 
Hague. 

Aside  from  these  organizations  with  local  home  establish- 
ments there  are  others  of  importance :  The  Permanent  Inter- 
national Commission  of  Congresses  of  Navigation;  The  In- 
ternational Geodetic  Association ;  and  the  International  Prison 
Commission.  All  these  are  designed  to  serve  all  the  nations 
and  to  promote  concord  among  them. 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  425 

Neither  of  the  above  mentioned  establishments  exercises  any 
arbitrary  or  sinister  governmental  power.  They  serve  only 
such  nations  as  desire  and  accept  their  services.  They  have  no 
power  to  compel  the  observance  by  a  nation  of  any  rule,  how- 
ever necessary,  yet  the  manifest  advantages  resulting  from 
compliance  with  them  affords  all  needed  sanction  for  their 
observance.  This  statement  applies,  however,  only  to  the 
operations  of  the  international  establishments.  It  does  not 
apply  to  the  rules  of  conduct  prescribed  by  the  great  con- 
ventions relating  to  navigation,  to  sanitation,  to  the  slave 
trade,  to  property  rights,  to  salvage  or  to  the  performance  by 
any  nation  or  by  any  person  of  any  duty  imposed  by  a  treaty  or 
convention.  The  Hague  Tribunal  can  act  only  when  both 
parties  to  a  controversy  agree  to  submit  their  dispute  to  its 
determination.  Having  decided  the  case  it  has  no  power  to 
enforce  its  judgment.  Yet  the  advantages  of  the  system  of  de- 
termining controversies  by  the  judgment  of  impartial  arbitra- 
tors are  so  great  that  no  people  ought  ever  to  prefer  a  resort 
to  war. 


The  first  of  the  general  welfare  conventions  to  which  atten- 
tion has  been  called  is  that  signed  at  Geneva  in  1864  f°r  the 
Amelioration  of  the  Condition  of  the  Wounded  in  Time  of 
War.  This  convention  was  not  promulgated  in  the  United 
States  until  1882,  nearly  four  years  after  the  promulgation  of 
the  treaty  creating  the  Bureau  of  Weights  and  Measures.  It 
is  only  a  little  more  than  forty  years  since  the  United  States 
first  took  part  in  this  kind  of  general  international  legislation. 
Since  then  the  negotiation  of  general  international  conventions 
has  proceeded  at  a  rapidly  accelerating  pace.  These  conven- 
tions may  be  divided  into  two  general  classes,  those  relating  to 
war  or  its  incidents  and  those  that  do  not. 

The  conventions  relating  to  war  may  be  subdivided  into 
those  designed  to  prevent  war  and  those  designed  to  mitigate 
its  barbarities.  In  these  the  only  measures  proposed  prior  to 


426  INTERNATIONAL  RELATIONS 

the  great  war  for  the  purpose  of  preventing  war  were  arbi- 
tration, commissions  of  inquiry,  mediation  and  good  offices. 
That  these  alone  are  insufficient  to  prevent  a  nation  armed  and 
resolved  on  war  from  carrying  out  its  purpose  has  been  demon- 
strated very  conclusively  by  the  course  of  events  in  Europe 
and  Asia  since  the  first  Hague  Conference.  All  thoughtful 
men  and  women  realize  that  far  more  thorough  and  drastic 
measures  must  be  applied  if  wars  are  to  be  prevented.  Media- 
tion and  good  offices  have  never  been  put  forward  as  of  any 
compelling  force,  but  only  as  a  means  of  conciliation  under 
favorable  conditions.  More  has  been  hoped  from  arbitration, 
but  it  has  been  demonstrated,  if  demonstration  were  neces- 
sary, that  it  also  is  wholly  dependent  on  the  consent  of  the 
parties.  To  be  effectual  arbitration  must  not  only  be  compul- 
sory, but  the  conditions  which  render  wars  practicable  must 
be  prevented.  Compulsory  arbitration  by  a  nation  provided 
with  a  great  army  and  navy,  fully  equipped  and  ready  for 
war,  can  be  nothing  less  than  war  waged  by  the  supervising 
power  to  compel  submission  to  arbitration.  The  formality  of 
agreeing  to  arbitrate  and  selecting  the  judges  will  always  stand 
as  a  serious  obstacle  to  anything  like  the  judicial  administra- 
tion of  international  law.  Within  each  nation  courts  are  con- 
stituted in  advance  and  their  jurisdiction  defined.  Either  party 
to  a  controversy  may  invoke  judicial  determination  of  the 
matter  in  dispute  not  only  without  the  consent,  but  in  spite  of 
the  opposition  of,  the  other.  To  summon  a  great  and  power- 
ful nation  into  court  to  answer  the  complaint  of  another  may 
appear  inconceivable  to  those  accustomed  to  the  exercise  of  ar- 
bitrary power  backed  by  military  force,  but  when  once  all 
nations  agree  to  be  under  instead  of  above  the  law,  the  strength 
or  weakness  of  a  party  to  the  controversy  becomes  unimpor- 
tant. A  court,  to  be  worthy  the  name,  must  enforce  the  law 
against  the  most  powerful  just  as  it  does  against  the  weakest 
litigant.  It  ought  to  occasion  no  feeling  of  humiliation  for  any 
nation  to  submit  any  question  of  law  or  treaty  obligation,  or 
of  controverted  fact,  to  the  decision  of  an  impartial  tribunal. 
Where  the  alternative  of  such  submission  is  offered  there  can 
be  no  possible  justification  for  resorting  to  war  instead.  The 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  427 

more  powerful  the  nation  the  less  its  justification  for  resorting 
to  force.  The  practical  difficulties  connected  with  the  selection 
of  judges  for  a  world  court  are  not  essentially  different  from 
those  connected  with  the  organization  of  national  courts,  but 
to  overcome  initial  suspicions  and  jealousies  and  secure  that 
feeling  of  confidence  and  security  which  is  essential  in  the 
judicial  determination  of  controversies  will  require  time  and 
the  most  ample  publicity  in  all  the  proceedings  of  the  court. 

But  a  court  cannot  deal  successfully  with  questions  that  in 
their  nature  are  not  justiciable.  Political  questions  to  which 
no  clearly  defined  rules  of  law  are  applicable  must  be  settled 
by  representative  bodies  constituted  for  the  purpose  of  dealing 
with  such  questions.  Questions  of  autonomy,  separation,  com- 
bination, guardianship,  armament  and  policing,  should  be  de- 
termined by  a  representative  body  capable  of  giving  expres- 
sion of  the  combined  judgment  of  all  the  nations  as  to  the 
policy  as  well  as  the  rightfulness  of  the  measures  proposed. 
Whatever  the  nature  of  the  question  raised,  it  can  be  disposed 
of  better  by  the  application  of  the  impartial  judgment  of 
representatives  of  all  the  nations  than  by  war. 

The  failure  of  the  Hague  Conventions  to  provide  effectual 
means  for  the  prevention  of  war  is  apparent.  At  the  time  these 
conventions  were  framed  the  nations  of  Europe  were,  and 
for  many  years  had  been,  preparing  for  the  great  struggle  that 
has  just  ended.  Germany  refused  to  reduce  its  armament  and 
labored  strenuously  to  increase  it.  All  the  other  nations 
deemed  it  necessary  to  be  prepared  to  meet  force  with  force. 
Alliances  had  been  formed  with  well  defined  warlike  purposes. 
America  stood  aloof  from  European  policies,  confident  that 
it  was  not  concerned  in  them.  The  war,  however,  has  demon- 
strated that  all  the  nations  are  interested  in  the  maintenance 
of  peace  everywhere. 

The  Red  Cross  organizations  which  have  come  into  being 
pursuant  to  the  Geneva  conventions  have  accomplished  very 
much  good  both  in  war  and  in  peace.  Their  work  has  been  val- 
uable, not  merely  in  the  relief  afforded  to  those  in  distress,  but 
also  in  the  educational  influence  they  have  exerted  for  the  aid 
of  the  unfortunate  under  all  kinds  of  calamities.  While  the 


428  INTERNATIONAL  RELATIONS 

work  of  these  organizations  has  not  been  discredited  by  the 
events  of  the  war,  the  conventions  designed  to  give  them  protec- 
tion in  their  humane  work  have  proved  ineffectual  in  many  in- 
stances. Hospitals,  ambulances,  surgeons,  nurses  and  other 
persons  employed  in  red  cross  work  at  the  front  have  been 
subjected  to  substantially  all  the  dangers  encountered  by  the 
fighting  forces.  Civilians,  male  and  female,  have  been  deported 
from  their  homes  and  practically  enslaved.  Private  property 
has  not  been  respected,  churches,  public  edifices,  works  of  art, 
and  private  homes  in  untold  numbers  have  been  ruthlessly  de- 
stroyed. Bombardments  from  the  air  and  long  range  guns  have 
been  directed  against  the  defenseless  men,  women,  and  children 
in  their  homes;  poisons,  gases,  and  liquid  fire  have  been  used 
without  limit  against  the  opposing  army ;  passenger  and  mer- 
chant ships  have  been  sunk  without  warning  and  peaceful  neu- 
trals in  large  numbers  sent  to  watery  graves.  The  laws  of 
blockade  and  contraband,  of  capture  and  prize,  of  neutral  and 
belligerent  rights  on  sea  have  been  utterly  disregarded.  Sen- 
nacherib, Saladin  or  Genghis  Khan  would  have  been  appalled 
by  the  frightfulness  of  the  warfare  of  professed  Christians  in 
the  twentieth  century.  The  efforts  of  the  Hague  Conferences, 
and  the  conference  at  London  which  resulted  in  the  Declaration 
concerning  the  laws  and  customs  of  naval  warfare  to  prescribe 
limitations  to  war's  barbarities,  have  not  only  failed  to  diminish 
the  needless  evils  of  war,  but  have  been  followed  by  greater 
disregard  of  all  humane  restrictions  on  the  incidents  of  war. 
It  now  appears  to  be  unwise  to  waste  time  attempting  to  limit 
the  savage  incidents  of  war.  Real  substantial  progress  must 
be  sought  through  some  organization  or  agency  designed  to 
and  interested  in  preventing  war  itself.  It  seems  manifest  that 
to  accomplish  the  result  the  organization  must  include  all  the 
civilized  nations  of  the  world,  or  at  least  enough  of  them  to 
express  and  enforce  the  combined  will  of  a  vast  majority  of 
all  the  people.  Whatever  just  criticisms  the  proposed  con- 
stitution of  the  league  of  nations  may  be  subject  to,  the  peace 
conference  at  which  it  has  been  formulated  marks  the  opening 
of  a  general  study  by  the  responsible  heads  of  the  nations  of 
the  world  of  practical  measures  for  the  prevention  of  war.  It 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  429 

is  self-evident  that  a  first  step  toward  the  definite  end  of 
preventing  wars  is  agreement  among  the  nations  on  the  desira- 
bility of  the  end,  and  a  second  is  the  acceptance  by  them  of 
some  plan  to  accomplish  it.  Educational  influences  acting 
throughout  the  entire  world  will  be  necessary  in  making  any 
plan  or  combination  efficient.  In  order  to  invoke  these  influ- 
ences there  must  be  presented  for  consideration  by  all  people 
not  merely  the  ideal  of  a  world  made  up  of  nations  dwelling 
in  peace  and  harmony  with  each  other  and  only  combining  for 
mutual  benefit,  but  also  a  clearly  defined  and  efficiently  organ- 
ized system  of  universal  agencies  designed  and  empowered  to 
police  the  world,  preserve  the  peace  and  promote  the  general 
welfare.  While  governments  which  have  succeeded  in  estab- 
lishing and  maintaining  peaceful  relations  among  the  people  in- 
habiting large  portions  of  the  earth  are  the  only  available 
models  for  the  greater  combination  including  the  whole  earth, 
they  deal  with  a  multiplicity  of  subjects  that  need  no  con- 
sideration by  the  world  organization. 

In  all  ages  of  the  world,  in  all  stages  of  civilization,  the 
method  of  preserving  internal  peace  has  been  by  the  interpo- 
sition of  public  force  between  private  disturbers  of  the  peace. 
In  crude  societies  and  petty  despotisms  law  is  merely  the  will 
of  the  ruler  which  he  enforces  through  the  agencies  at  his 
command.  In  advanced  societies  laws  are  enacted  by  law- 
making  bodies,  which  are  construed  and  applied  to  controver- 
sies as  they  arise  by  the  judges  in  the  courts,  and  their  judg- 
ments are  carried  into  effect  by  the  executive  force.  To  the 
successful  working  of  this  system  it  is  esesntial  that  the  laws, 
if  not  really  just,  be  such  as  accord  with  the  prevailing  views 
of  justice  among  the  people  concerned.  In  order  that  the 
courts  may  successfully  perform  their  functions  it  is  neces- 
sary that  litigants  have  confidence  in  the  integrity  and  capa- 
city of  the  judges.  If  they  have  this  in  full  measure  there  is 
little  need  of  executive  force  to  carry  their  judgments  into 
effect.  Judgments  of  the  Supreme  Court  of  the  United  States 
even  in  controversies  between  the  great  states  of  the  Union  are 
accepted  as  final  and  conclusive  and  faithfully  carried  out  with- 
out any  application  whatever  of  physical  force.  The  Judicial 


430  INTERNATIONAL  RELATIONS 

Committee  of  the  Privy  Council  of  Great  Britain  desides  ques- 
tions arising  in  the  colonies  and  dependencies  of  the  British 
Empire  in  all  parts  of  the  world.  These  decisions  are  also 
respected  by  all  parties  interested  and  carried  into  effect  with- 
out the  use  of  force.  English-speaking-  people  everywhere  are 
accustomed  to  submit  to  the  judicial  determination  of  all  their 
controversies.  Differences  in  race,  language,  religion  and 
laws  render  it  far  more  difficult  to  construct  a  world  court 
which  will  inspire  general  confidence  throughout  all  the  nations 
than  to  establish  a  satisfactory  court  in  a  nation  of  homoge- 
neous people.  But  no  other  peaceful  method  of  settling  dis- 
putes has  ever  been  devised,  and  experience  proves  that  this 
system  is  practicable  and  can  be  made  thoroughly  efficient. 

A  judicial  system  for  the  determination  of  questions  be- 
tween nations  having  been  established,  the  war  and  navy  de- 
partments of  each  separate  nation  must  eventually  shrivel  and 
contract  into  mere  police  organizations  for  the  preservation 
of  internal  peace.  The  monstrous  diversion  of  men  and  means 
from  peaceful  activities  which  military  and  naval  establish- 
ments have  required  in  recent  years  will  then  cease.  The  gen- 
eral league  when  extended  to  include  all  the  countries  will  have 
no  need  of  war  and  navy  departments.  Executive  functions 
will  be  shorn  of  their  most  prominent  attributes,  and  reduced 
to  police  supervision  and  the  execution  of  general  welfare 
measures  designed  for  the  benefit  of  all.  Growing  commerce 
and  increasing  enterprises  in  which  two  or  more  nations  are 
concerned  will  continue  to  demand  with  more  and  more  earn- 
estness, clearness  and  definiteness  in  international  law.  Ques- 
tions strictly  justiciable  in  their  nature  will  multiply  and  give 
constant  employment  to  international  courts.  Modern  inven- 
tions bring  all  the  peoples  in  close  contact  with  each  other  and 
call  for  international  codes  regulating  their  use.  World  gov- 
ernment is  demanded  by  the  spirit  of  the  times,  but  not  the 
world  government  of  ambitious  rulers.  On  the  contrary  it  has 
been  necessary  to  do  away  with  all  forms  of  arbitrary,  irre- 
sponsible rulership,  and  substitute  public  agencies  which  merely 
execute  the  will  of  the  people  they  serve.  The  great  purpose 
of  the  league  of  nations  is  to  afford  the  people  of  each  and 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  431 

every  country  full  security  against  aggression  in  the  place  of 
the  delusive  safety  their  armies  and  navies  have  afforded  them 
in  the  past.  The  ultimate  guarantee  of  this  security  must  come 
from  universal  recognition  by  all  people  of  the  moral  and 
material  soundness  of  the  principles  and  purposes  of  the  league. 
The  conventions  which  have  no  relation  to  war  afford  a 
far  more  cheerful  subject  for  consideration.  When  it  is  con- 
sidered that  there  has  been  no  superior  force  to  compel  ob- 
servance of  them  and  that  their  execution  has  rested  solely  on 
the  good  faith  of  the  parties  it  is  most  cheerful  and  encourag- 
ing to  observe  how  well  each  nation  has  adhered  to  its  agree- 
ment and  how  much  of  benefit  has  resulted  to  all  concerned. 
The  convention  of  1875  which  established  an  international  bu- 
reau of  weights  and  measures  at  Paris  and  provided  standards 
and  prototypes  of  weights  and  measures  for  the  metric  system 
which  is  in  use  throughout  continental  Europe  and  other  coun- 
tries is  a  very  necessary  measure  to  preserve  uniformity  in 
the  basis  of  all  computations  and  transactions.  This  conven- 
tion has  been  ratified  and  proclaimed  by  the  United  States, 
and  Congress  under  the  powers  conferred  on  it  by  the  Con- 
stitution has  sanctioned  the  use  of  the  metric  system  in  this 
country,  though  it  has  never  come  into  general  use  in  commer- 
cial transactions.  A  table  showing  the  equivalents  of  the 
weights  and  measures  of  the  metric  system  expressed  in  the 
denominations  in  use  in  the  United  States  is  established  by 
law.1  In  this  manner  the  standards  and  prototypes  preserved 
by  the  International  Bureau  at  Paris  become  the  ultimate  stan- 
dards for  our  own  system  of  weights  and  measures.  The  acts 
of  Congress  do  not  interfere  with  the  use  of  the  denomina- 
tions with  which  the  people  are  familiar,  and,  notwithstand- 
ing the  far  greater  simplicity  and  convenience  of  the  metric 
system,  comparatively  few  people  in  the  United  States  know 
much  about  it  and  the  use  of  the  old  terms  and  units  con- 
tinues. England,  though  the  leading  commercial  nation  of 
the  world,  still  adheres  to  an  even  more  awkward  system  not 
only  of  weights  and  measures  but  also  of  money.  The  rea- 

*  Revised  Statutes  of  the  United  States,  §§  3569,  3570. 


432  INTERNATIONAL  RELATIONS 

fit 

son  why  these  countries  still  adhere  to  their  unscientific  sys- 
tems is  doubtless  the  practical  difficulty  which  would  be  en- 
countered in  educating  the  people  to  comprehend  the  mean- 
ing of  metrical  terms,  and  to  be  able  to  translate  familiar 
measures  into  new  terms. 

Very  many  separate  treaties  had  been  made  between  nations 
for  the  protection  of  industrial  property.  The  first  conven- 
tion joined  in  by  a  considerable  number  of  states  was  that 
concluded  in  Paris  in  1883,  and  referred  to  above.  Since  then 
successive  conventions  on  the  same  subject  were  entered  into  in 
1891,  1900,  and  1911.  The  last  of  these  was  concluded  at 
Washington  by  representatives  of  twenty  powers,  including 
all  of  the  leading  industrial  nations.  The  first  article  of  this 
convention  provides — "The  contracting  countries  constitute 
a  state  of  Union  for  the  protection  of  industrial  property." 
The  main  purpose  of  all  the  conventions  on  this  subject  is  to 
encourage  inventors  and  artists  by  granting  them  a  monopoly 
of  their  inventions  and  works  for  a  limited  time,  and  to  pro- 
tect merchants  and  manufacturers  in  the  use  of  trade-marks. 
Article  14  of  the  last  one  provides  for  periodical  revisions  of 
the  conventions  by  delegates  appointed  by  the  countries  of  the 
Union.  As  the  result  of  these  conventions  and  the  legisla- 
tion in  the  respective  countries  on  the  subject  there  is  quite 
general  uniformity  in  the  law  of  all  the  leading  countries  of 
the  world  relating  to  the  matters  covered  by  the  convention, 
each  country  according  to  citizens  of  the  other  countries  such 
protection  is  given  its  own  citizens  in  consideration  of  like 
protection  for  its  citizens  in  those  countries. 

Pursuant  to  the  convention  of  1884  for  the  protection  of 
submarine  cables  and  the  subsequent  agreements  and  protocols 
on  the  subject  cables  have  been  laid  connecting  all  the  lead- 
ing countries  and  instantaneous  communication  across  the 
oceans  is  carried  on  continually.  No  other  instrumentality 
has  done  so  much  to  narrow  the  distance  between  remote  na- 
tions and  facilitate  the  transmission  of  intelligence  and  the 
interchange  of  views.  Though  the  conventions  entered  into 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  433 

are  not  universal  they  have  been  joined  in  by  the  leading 
nations  and  have  answered  the  main  purposes  for  which  they 
were  designed.  Even  the  great  war  has  caused  little  interrup- 
tion in  their  use  except  by  the  Central  Powers. 

The  general  act  of  1890  for  the  Repression  of  the  African 
Slave  Trade  has  been  entirely  successful  so  far  as  the  trade 
by  sea  is  concerned,  and  has  taken  away  the  main  incentive 
from  the  traffic  on  land.  The  market  for  slaves  having  been 
cut  off  there  is  no  longer  any  field  for  profitable  operations  by 
the  slave  catchers,  and  little  or  nothing  is  now  heard  of  their 
operations.  The  moral  sense  of  the  civilized  world  found 
expression  in  this  convention  and  a  marked  advance  in  civili- 
zation has  resulted. 

The  convention  of  Paris  of  1904  for  the  repression  of  trade 
in  white  women  is  another  practical  expression  of  the  general 
sentiments  of  the  nations  on  the  preservation  of  morals  and  the 
protection  of  the  weak  against  very  vile  traffickers. 

Among  the  most  important  and  far-reaching  in  their  ef- 
fects of  all  the  conventions  are  those  designed  to  prevent  the 
spread  of  infectious  diseases.  The  imperative  necessity  for 
concerted  action  to  accomplish  the  purpose  is  obvious.  The 
facts  that  these  diseases  originate  among  people  whose  medical 
organizations  are  not  of  the  best  and  are  spread  by  religious 
enthusiasts  who  rely  for  their  protection  more  on  the  super- 
natural than  on  scientific  measures  render  it  necessary  for  the 
more  advanced  nations  to  act  in  concert  and  establish  an  effi- 
cient system  of  sanitation  for  international  travel  and  traffic. 
The  function  of  international  sanitation  can  be  efficiently  per- 
formed only  by  an  organization  backed  by  all  the  nations  con- 
cerned. The  need  is  world-wide  and  perennial.  Movements 
from  an  infected  country  to  an  uninfected  one,  whether  by 
land  or  sea,  require  scientific  supervision  to  prevent  the  spread 
of  the  malady.  It  cannot  be  doubted  that  the  world  will  de- 
mand, not  merely  continuation  of  the  measures  prescribed  by 
the  last  of  these  conventions,  which  is  copied  above,  but  more 
extended,  thorough  and  universal  organization  for  this  pur- 
pose. All  the  countries  of  the  world  are  interested  in  pre- 


434  INTERNATIONAL  RELATIONS 

venting  the  spread,  not  only  of  plague,  cholera,  and  yellow 
fever,  but  also  of  every  other  contagious  or  infectious  disease. 
All  should  join  in  establishing  and  sustaining  an  international 
sanitary  office  with  an  ample  medical  staff  and  fully  equipped 
with  every  appliance  and  supply  required  for  its  work. 

The  good  effects  resulting  from  the  measures  taken  in  ac- 
cordance with  these  sanitary  conventions  cannot  be  doubted, 
nor  can  they  be  measured  either  in  terms  of  money  or  of  human 
life.  They  have  been  obtained  without  the  sanction  of  any 
well  organized  governmental  force  having  jurisdiction  over 
the  sea.  Thorough  and  efficient  execution  of  sanitary  mear- 
ures  in  connection  with  all  the  travel  and  commerce  of  the 
world  requires  adequate  financial  support  of  the  establishment 
and  sufficient  authority  in  its  officers  to  enable  them  to  enforce 
necessary  measures  on  unwilling  people. 

The  International  Institute  of  Agriculture  performs  a  very 
useful  public  service  for  nearly  all  the  nations  at  very  small 
cost.  For  success  in  the  performance  of  its  functions  it  re- 
quires and  will  continue  to  require  the  cooperation  of  all  the 
governments  in  gathering  and  disseminating  information  re- 
lating to  agriculture.  It  is  a  valuable  public  agency,  inexpen- 
sive, and  exercising  no  governing  functions.3 

The  General  Act  signed  at  Algeciras  in  1906  stands  on  a 
different  footing  from  the  other  conventions  we  are  con- 
sidering. Its  leading  purpose  was  to  remove  causes  of  irri- 
tation threatening  the  peace  of  Europe  by  intervening  in  the 
governmental  affairs  of  Morocco  and  providing  for  the  organi- 
zation and  supervision  of  its  police  force.  While  the  United 
States  is  a  party  to  this  convention,  it  expressly  disclaimed 
either  the  right  or  the  purpose  to  interfere  in  the  internal 
affairs  of  Morocco.  As  the  sovereign  of  the  country  was  a 
party  to  the  convention  there  seemed  to  be  no  ground  for  ob- 
jection to  the  arrangements  provided  for  when  they  were 
assented  to  by  him.  If  the  peace  of  the  whole  world  is  to  be 
maintained,  similar  arrangements  will  doubtless  be  required 

3  Supra,  p.  424. 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  435 

in  various  countries  which  are  inadequately  organized  for  the 
preservation  of  internal  peace,  but  the  objections  to  outside 
interference  in  internal  affairs  are  so  fundamental  that  the 
supervising  force  should  only  be  called  in  in  case  of  extreme 
necessity  and  should  be  under  the  control  of  a  general  league 
of  all  the  nations. 

Of  all  the  conventions  heretofore  entered  into  as  general 
acts  those  relating  to  the  safety  of  life  at  sea  present  most 
clearly  the  need  of  international  legislation  by  a  body  having 
ample  and  continuing  authority  to  make  laws  for  the  ocean  and 
enforce  them  against  the  ships  and  people  of  all  nations. 
Mere  ethical  principles  do  not  and  cannot  be  made  to  supply 
the  rules  needed.  There  must  be  positive  conventional  laws  of 
conduct  clearly  expressed  and  strictly  enforced.  The  mere 
purpose  on  the  part  of  every  master  of  a  ship  to  do  what  is 
right  to  avoid  a  collision  amounts  to  little  unless  all  the  mas- 
ters learn  and  follow  prescribed  rules  of  safety,  by  the  ob- 
servance of  which  danger  will  be  avoided.  Appreciating  this 
necessity,  the  leading  commercial  nations  have  enacted  the 
regulations  of  the  international  conventions  into  municipal 
law,  to  be  enforced  on  their  own  citizens  under  the  sanction  of 
adequate  penalties  for  violations  of  them.  Notwithstanding 
these  enactments  the  need  of  unified  authority  is  apparent. 
New  inventions  make  new  rules  or  modifications  of  old  ones 
desirable.  A  single  central  authority  representative  of  all 
parties  concerned  with  full  power  to  act  finally  for  all  is 
needed.  Legislation  for  the  ocean  should  be  enacted  by  a  body 
having  governmental  powers  over  the  ocean.  The  laws  it 
enacts  should  be  binding  on  all  people  and  enforceable  as  such. 
How  far  its  authority  may  be  safely  and  beneficially  extended 
over  interior  waters  and  ports  is  open  to  serious  question,  but 
it  would  seem  clear  that  it  should  extend  over  all  the  open  sea 
to  the  three  mile  line  from  the  coast.  It  should  have  ample 
power  to  do  all  that  may  reasonably  be  done  to  make  naviga- 
tion safe  by  the  destruction  of  derelicts,  by  safeguarding 
against  icebergs,  by  providing  lights  and  signals  in  places  of 
danger,  and  by  removing  obstructions  to  navigation  wherever 
practicable. 


436  INTERNATIONAL  RELATIONS 

Laws  of  the  sea  having  been  established  by  international 
authority,  there  should  be  courts  empowered  to  enforce  them 
directly  on  navigators  of  all  nations.  Controversies  are  quite 
as  likely  to  arise  between  ships  sailing  under  different  flags  as 
between  those  of  the  same  nationality.  Nationality  of  liti- 
gants should  not  affect  either  the  jurisdiction  or  the  action  of 
the  sea  courts.  Administrative  bodies  are  needed  to  supervise 
such  public  works  as  may  be  undertaken  and  to  carry  into 
effect  the  measures  of  safety  determined  upon  by  the  legis- 
lative authority.  The  conventions  relating  to  the  sea  are  all 
based  on  the  fundamental  principle  of  equality  of  right  in  the 
people  of  all  nations,  and  of  full  liberty  to  every  ship  to  sail 
where  it  will,  provided  that  in  so  doing  it  does  not  interfere 
with  the  safety  or  equal  right  of  every  other  ship  to  do  the 
like.  The  principles  on  which  they  are  based  are  sound,  and 
the  conventions  themselves  are  not  open  to  serious  criticism 
in  their  essential  features.  The  lack  is  of  universality  of  appli- 
cation of  their  rules  and  of  judicial  and  administrative  forces 
to  compel  their  observance. 

That  they  have  proved  of  the  highest  value  is  obvious.  No 
sane  man  would  think  of  dispensing  with  them. 

Of  all  the  international  undertakings  the  postal  organiza- 
tion is  by  far  the  greatest  and  most  successful.  The  business 
of  the  International  Postal  Union  is  that  of  a  common  carrier 
with  some  of  the  functions  of  a  banker  added.  In  its 
nature  it  is  much  more  a  business  organization  than  a  govern- 
mental one,  yet  the  business  of  handling  the  mails  is  every- 
where carried  on  by  the  government.  The  Universal  Postal 
Union  unites  the  postal  administrations  of  all  the  nations  of 
the  world  in  an  organization  for  the  transmission  of  mail 
throughout  all  countries  that  are  sufficiently  organized  to  main- 
tain the  postal  service.  A  single  stamp  of  the  required  de- 
nomination may  be  procured  at  any  postoffice  in  any  country, 
which,  when  affixed  to  a  letter  or  parcel,  will  indicate  the  pre- 
payment of  all  charges  for  its  transmission  and  delivery  at 
the  place  indicated  by  the  address. 

The  first  beginnings  of  postal  service  seems  to  have  been 
as  an  organization  for  the  transmission  of 'public  dispatches. 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  437 

Such  organizations  were  maintained  by  the  ancient  Persians, 
Romans  and  Peruvians,  and  by  the  Chinese  under  the  Manchu 
dynasty.  In  Great  Britain  the  service  was  farmed  out  at 
£10,000  a  year  in  1653.  Postal  service  was  established  in  the 
colonies  by  the  British  government,  but  had  not  attained  a 
high  degree  of  efficiency  before  the  revolutionary  war. 

Prior  to  1693  tne  postal  service  in  the  American  colonies  was 
carried  on  by  the  towns  and  villages.  From  that  year  till 
1 707  it  was  farmed  out  to  Thomas  Neale  under  a  patent  from 
the  King.  Andrew  Hamilton,  having  been  appointed  Post- 
master-General of  America,  established  a  weekly  service  from 
Portsmouth,  N.  H.,  to  Virginia.  In  1707  the  entire  postal  sys- 
tem of  America  was  placed  under  the  supervision  of  the 
General  Post-Office  in  London  with  John  Hamilton,  son  of 
Andrew,  as  Postmaster-General  of  America  at  an  annual  salary 
of  £200.  In  1753  Benjamin  Franklin  and  William  Hunter 
were  appointed  joint  Postmasters-General.  In  1763  America 
was  divided  into  two  postal  districts,  northern  and  southern. 
Regular  packet  mail  service  was  established  between  Falmouth, 
England,  and  New  York  in  November,  1755,  and  continuously 
maintained  thereafter.  In  1773  the  mail  between  New  York 
and  Philadelphia  was  carried  every  other  day  and  between  New 
York  and  New  Hampshire  every  third  day.  About  this  time 
free  delivery  was  introduced  in  Philadelphia.  Franklin  was  re- 
moved from  his  office  as  one  of  the  Postmasters-General  by  the 
British  Government  in  1774,  and  on  Dec.  25,  of  the  same  year 
Foxcroft,  who  had  succeeded  Hunter,  announced  the  end  of  the 
British  postal  system  in  North  America.  On  July  26,  1775, 
nearly  a  year  before  the  declaration  of  independence,  the  Con- 
tinental Congress  appointed  Benjamin  Franklin  Postmaster- 
General  of  the  Colonies.  When  Franklin  went  to  Europe  in 
1776  his  son-in-law  Richard  Bache  succeeded  him  as  Post- 
master-General. The  American  Post-Office  Department  was 
established  by  the  ordinance  of  October  18,  1782,  which  re- 
quired the  prepayment  of  postage  in  silver  and  admitted  news- 
papers to  the  mails.  Ebenezer  Hazard  was  appointed  Post- 
master-General and  under  his  administration  an  American  At- 
lantic service  was  established  and  the  domestic  service  extend- 


438  INTERNATIONAL  RELATIONS 

ed  so  that,  at  the  end  of  his  term  in  1789,  there  were  85  post- 
offices  in  the  country,  2,399  miles  of  post-roads  and  an  annual 
volume  of  business  of  about  300,000  letters.  Prior  to  this 
date  the  mails  had  been  carried  almost  entirely  on  horseback. 
In  1785  Congress  gave  the  Postmaster-General  power  to  make 
contracts  for  the  transmission  of  mail  by  stage-coach.  The 
law  permanently  and  definitely  establishing  the  Department 
was  passed  May  8,  1799.  A  service  between  Baltimore  and 
Philadelphia  in  coaches  owned  by  the  Government  was  es- 
tablished in  1811.  Two  years  later  the  Postmaster-General 
was  authorized  to  make  use  of  steamboats  in  the  transportation 
of  the  mails.  From  this  time  on  the  development  of  the  ser- 
vice was  rapid  and  continual.  The  money-order  system  was 
established  on  May  17,  1864,  and  the  special-delivery  on  Octo- 
ber i,  1883.  The  money-order  system  was  in  use  in  Europe 
before  its  adoption  in  the  United  States.  Rural  free-delivery 
was  begun  in  i897.5  Postal  cards  were  authorized  by  the 
act  of  June  8,  1872,  and  were  first  issued  during  the  following 
year.  In  the  century  from  1800  to  1900  the  revenue  of  the 
Department  grew  from  $280,806,  in  1800  to  $102,354,579  in 
1900  and  the  expenditures  from  $213,449  in  1900  to  $107,- 
740,267  in  1900.  The  increase  in  the  following  decade  was 
far  more  rapid  and  in  1911  the  gross  revenue  was  $237, 
879,823,  and  expenditures  $237,648,926.6 

The  rates  of  postage  fixed  by  Congress  in  1789  were  for 
single  letters  under  60  miles,  7.4  cents;  between  60  and  100 
miles,  1 1. 1  cents;  between  100  and  200  miles,  14.8  cents;  and 
3.4  cents  for  each  additional  100  miles.  A  little  later  a  fee  of 
two  cents  was  added  for  the  delivery  of  letters.  In  1814  rates 
were  increased  fifty  per  cent  but  the  former  rate  was  restored 
in  1816.  In  1845  postage  was  placed  on  a  weight  basis, 
five  cents  for  less  than  one-half  ounce  for  distances  not  ex- 
ceeding 300  miles.  The  rate  was  reduced  in  1851  to  three 
cents  per  half  ounce  for  distances  less  than  3,000  miles.  The  use 
of  postage  stamps  was  authorized  by  the  act  of  March  3,  1847, 
and  prepayment  has  been  required  since  1855.  The  rate  was 

5  Messages  and  Papers  of  the  Presidents  XI,  691. 

6  Statistical  Abstract  of  1911,  749- 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  439 

reduced  to  two  cents  per  half  ounce  on  October  I,  1883,  and 
on  July  i,  1885,  the  unit  of  weight  was  made  one  ounce  instead 
of  one-half  ounce  on  first  class  matter  and  one  cent  a  pound  on 
second  class  matter.  Postoffices  at  Astoria,  San  Diego,  Mon- 
terey, and  San  Francisco  were  established  in  1847  and  1848, 
and  the  rate  of  postage  between  the  Atlantic  and  Pacific  coasts 
was  fixed  at  40  cents.7  By  the  act  of  October  3,  1917,  rates  of 
postage  were  increased  to  three  cents  an  ounce  on  first  class 
matter,  and  increases  were  also  made  in  the  rates  on  second 
class  matter,  but  the  two  cent  rate  on  letters  was  restored  July 
i,  1919.  Five  cents  per  half  ounce  is  now  the  general  rate 
between  all  countries  of  the  postal  Union.  It  will  be  seen 
that  the  rate  on  letters  to  the  most  remote  parts  of  the  world  is 
less  than  it  was  for  distances  under  60  miles  under  the  act  of 
1789. 

The  interchange  of  mails  between  the  nations  had  made 
much  progress  before  the  first  general  convention  was  entered 
into.  Many  separate  treaties  and  agreements  between  the 
different  countries  and  postal  administrations  had  been  entered 
into.  The  organization  of  the  Universal  Postal  Union  came 
about  quite  naturally  for  the  purpose  of  linking  all  the  separate 
administrations  together,  expediting  the  international  service, 
simplifying  the  system  of  accounting,  making  rates  uniform, 
apportioning  the  transportation  expenses,  distributing  the  re- 
venue derived  from  the  service  and  changing  and  improving  the 
system  according  to  changes  in  conditions. 

The  first  step  toward  the  formation  of  a  general  postal 
union  was  taken  at  the  suggestion  of  the  Postmaster-General 
of  the  United  States  during  the  civil  war,  and  is  mentioned  in 
the  message  of  President  Lincoln  of  December  8,  1863,  as 
follows :  "The  international  conference  of  postal  delegates 
from  the  principal  countries  of  Europe  and  America  which  was 
called  at  the  suggestion  of  the  Pastmaster-General  met  at 
Paris  on  the  nth  of  May  last  and  concluded  its  deliberations 
on  the  8th  of  June.  The  principles  established  by  the  con- 
ference as  best  adapted  to  facilitate  postal  intercourse  between 
nations  and  as  the  basis  of  future  postal  conventions  inaug- 

7  Messages  and  Papers  of  the  Presidents  XI,  697. 


440  INTERNATIONAL  RELATIONS 

urate  a  general  system  of  uniform  international  charges  at 
reduced  rates  of  postage  and  cannot  fail  to  produce  beneficial 
results."8 

The  next  step  was  the  Postal  Congress  at  Berne  of  which 
President  Grant  says  in  his  message  of  December  7,  1874, — 
"An  international  postal  congress  was  convened  in  Berne, 
Switzerland,  in  September  last,  at  which  the  United  States 
was  represented  by  an  officer  of  the  Postoffice  Department  of 
much  experience  and  qualification  for  the  position.  A  con- 
vention for  the  establishment  of  an  international  postal  union 
was  agreed  upon  and  signed  by  the  delegates  of  the  countries 
represented,  subject  to  the  approval  of  the  proper  authorities 
of  those  countries."9 

Subsequent  postal  Congresses  were  held  and  conventions 
signed  at  Paris,  May  I,  1878,  at  Lisbon,  Portugal,  in  February, 
1885,  at  Vienna,  July  4,  1891,  and  at  Washington,  June  15, 
1897.  1°  ms  message  of  December  7,  1896,  President  Cleve- 
land called  the  attention  of  Congress  to  the  convening  of  the 
Congress  at  Washington  and  said:  "The  Universal  Postal 
Union  which  now  embraces  all  the  civilized  world  and  whose 
delegates  will  represent  1,000,000,000  people  will  hold  its  fifth 
congress  in  the  city  of  Washington  in  May,  1897.  The 
United  States  may  be  said  to  have  taken  the  initiative  which 
led  to  the  first  meeting  of  this  congress  at  Berne  in  1874,  and 
the  formation  of  the  Universal  Postal  Union  which  brings  the 
postal  service  of  all  countries  to  every  man's  neighborhood 
and  has  wrought  marvels  in  cheapening  postal  rates  and 
securing  absolutely  safe  mail  communication  throughout  the 
world.  Previous  congresses  have  met  in  Berne,  Paris,  Lisbon 
and  Vienna."10 

It  thus  appears  that  in  the  period  from  1874  to  1896,  only 
twenty-two  years,  a  complete  organization  throughout  the 
whole  world  was  effected.  The  Convention  signed  at 
Rome  on  May  26,  1896,  marks  the  substantial  com- 

8  Messages  and  Papers  of  the  Presidents,  V,  3387. 
» Id.  VI,  4250. 
10  Id.  VII,  6164. 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  441 

pletion  of  the  world  organization.  It  is  unique  in  many  re- 
spects. It  is  the  first  world-wide  combination  ever  perfected ; 
it  reaches  not  merely  all  the  governments  of  earth  with  its 
service,  but  the  individual  citizens  of  all  the  countries;  it  is 
uniform  in  the  service  it  affords  under  like  conditions  and  in 
the  charges  imposed  for  each  like  service;  it  is  simple  in  the 
principles  it  applies,  but  extremely  complex  in  the  details  of 
its  operations ;  it  makes  use  of  the  best  facilities  available  for 
the  particular  service;  it  makes  the  rates  of  postage  as  nearly 
as  possible  the  bare  cost  of  the  service;  it  binds  each  nation  to 
do  its  part  in  the  transmission  of  the  mails,  whether  its  na- 
tionals are  interested  in  the  particular  service  or  not;  all  must 
cooperate  and  each  must  do  its  alloted  part  in  carrying  out  the 
great  undertaking. 

The  principles  of  the  Postal  Union  appear  to  be  applicable 
to  the  transmission  of  communications  by  telegraph  and  tele- 
phone as  well  as  of  mail.  Many  nations  do  in  fact  operate 
these  utilities,  but  they  have  thus  far  been  in  private  hands 
in  the  United  States.  It  is  impossible  to  draw  a  clear  line  of 
demarkation  between  the  service  of  the  parcels  post  and  of  the 
common  carrier  of  merchandise.  There  are  many  practical 
difficulties  in  the  way  of  extending  the  postal  service  to  include 
all  kinds  of  merchandise  in  unlimited  quantities,  yet  such 
service  is  not  essentially  different  in  its  nature  from  that 
afforded  in  the  receipt,  carriage  and  delivery  of  the  mails  and 
parcels.  As  a  result  of  the  great  war  the  nations  have  been 
compelled  to  supervise  to  a  great  extent  the  distribution  of 
food  in  the  countries  devastated  by  war.  It  has  been  deemed 
necessary  to  do  this  in  times  of  peace  when  a  country  has  been 
theratened  with  famine  through  failure  of  its  food  crops.  If 
the  transportation  service  for  merchandise  could  be  organized 
and  conducted  throughout  the  world  on  the  same  principles 
and  with  the  same  efficiency  as  is  now  afforded  by  the  postal 
service,  many  problems  relating  to  supplies  of  food,  of  manu- 
facturer's materials  and  of  markets  for  surplus  products  of  all 
kinds  would  be  greatly  simplified.  Uniformity  of  transpor- 
tation charges  would  tend  to  uniformity  of  prices. 

By  means  of  international  money  orders  funds  may  be  sent 


442  INTERNATIONAL  RELATIONS 

to  most  of  the  countries.  The  sum  to  be  transmitted  is  fixed 
arbitarily  by  the  regulations.  No  well  defined  principle  would 
seem  to  indicate  that  the  system  may  not  be  indefinitely  ex- 
tended until  it  covers  the  whole  field  of  foreign  exchange. 
Postal  savings  banks  add  to  the  local  importance  of  the  postal 
service  but  as  yet  perform  no  international  functions. 

The  inherent  goodness  of  the  international  postal  organiza- 
tion is  such  that,  notwithstanding  the  destruction  and  bitter- 
ness of  feeling  engendered  by  the  great  war,  at  its  conclusion 
the  mail  service  is  at  once  resumed  as  fast  as  order  is  restored. 
The  domestic  administration  of  each  country  connects  its  ser- 
vice with  that  of  its  recent  enemy  and  this  one  function  of 
government  again  becomes  world-wide  in  its  efficiency. 

NATIONAL  EXPANSION 

The  face  of  the  earth  is  not  apportioned  among  the  nations 
on  the  basis  of  population  or  with  special  reference  to  their 
requirements.  The  possessions  and  boundaries  of  a  nation 
are  in  very  large  measure  determined  by  its  military  opera- 
tions, its  diplomacy  and  its  colonial  policy.  The  density  of 
its  population  depends  not  so  much  on  the  fertility  of  its  soil 
as  on  the  genius  of  its  people  and  the  nature  of  its  industries. 
Manufacturing  and  trade  tend  to  concentrate  population  in 
cities  because  very  little  ground  is  needed  for  their  operations. 
It  is  necessary,  however,  that  they  have  markets  for  the  sale 
of  their  products  and  adequate  sources  of  supplies.  These  may 
be  found  either  within  or  without  the  political  dominion  of 
their  government.  The  fear  of  unfriendly  legislation  by  other 
nations  with  whom  they  trade  has  led  most  European  nations 
to  seek  territorial  extension  over  agricultural  and  mineral 
lands,  so  that  the  political  organization  may  be  able  to  protect 
the  industrial  enterprises.  The  desire  of  each  nation  to  be 
self -sufficient  appears  on  first  impression  to  be  natural  and 
reasonable,  but  it  so  appears  only  because  the  importance  of 
political  functions  is  grossly  exaggerated  and  the  inherent 
strength  of  the  bonds  of  common  interests  and  mutual  welfare 
overlooked  or  underrated.  It  is  natural  that  the  political 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  443 

heads  of  states  should  feel  a  burden  of  responsibility  for  the 
prosperity  of  all  their  people  and  of  their  business  enterprises, 
and  that  they  should  desire  such  extension  of  their  territorial 
dominions  as  will  enable  them  to  act  efficiently.  In  dealing 
with  other  sovereign  powers  they  find  themselves  confronted 
with  conflicting  views  of  interest,  if  not  in  fact  with  real 
conflict  of  interests.  Dealings  between  the  nations  are  de- 
pendent in  great  measure  on  governmental  policies.  Trade 
regulations  and  restrictions  may  take  the  form  of  taxation  of 
imports  or  exports,  or  of  the  prohibition  of  exportation  or  im- 
portation of  designated  articles  of  commerce.  In  recent  years 
commercial  treaties  have  done  much  to  remove  unreasonable 
burdens  and  hindrances  of  commerce,  but  the  doctrine  of 
absolute  sovereignty  over  a  definite  portion  of  the  earth,  with 
power  to  adopt  a  hostile  commercial  policy  at  any  time,  causes 
continuing  anxiety  and  desire  for  increased  security. 

The  desire  for  an  outlet  for  surplus  population  does  not 
exert  such  a  potent  influence  in  favor  of  territorial  expansion 
as  might  be  expected.  During  the  recent  years  of  great 
military  and  naval  establishments  the  desire  of  the  most 
populous  nations  has  been  to  add  to  their  population  and  mil- 
itary force,  rather  than  to  encourage  emigration.  By  extension 
of  trade  an  increased  population  may  be  supported.  So  the 
nations  of  Europe  seek  not  only  agricultural  districts  in 
sparsely  peopled  regions  in  America  and  Africa,  but  political 
power  in  the  densely  peopled  parts  of  Asia  with  which  a 
profitable  trade  may  be  carried  on. 

It  cannot  be  truly  said  that  any  European  nation  now  has 
difficulty  in  finding  an  outlet  for  its  surplus  population. 
America,  North  and  South,  opens  its  doors  to  all  Europeans 
on  the  most  liberal  and  attractive  terms,  but  to  take  full  and 
permanent  advantage  of  this  outlet,  the  population  of  Europe 
will  be  diminished  and  that  of  America  increased.  National 
strength  will  be  diminished  by  emigration  and  increased  by 
immigration.  Statesmen  therefore  desire  increase  rather  than 
diminution  of  the  numbers  of  their  people. 

The  situation  of  Japan  and  China  is  somewhat  different. 
Race  differences  and  materially  different  habits  and  customs 


444  INTERNATIONAL  RELATIONS 

prevent  that  degree  of  cordial  welcome  to  them  in  America 
that  is  extended  to  Europeans,  who  are  of  the  same  stock 
as  the  people  of  America.  This  has  led  to  restrictive  legis- 
lation and  treaty  provisions  denying  the  Asiatics  free  and  un- 
limited access  to  this  continent.  Japan  has  of  late  made  very 
rapid  progress  in  the  extension  of  its  manufactures  and  trade, 
and  appears  to  be  rapidly  increasing  in  prosperity.  China  has 
its  congested  districts,  overcrowded  with  people,  but  it  also 
has  vast  undeveloped  resources,  quite  ample  for  the  needs  of 
all  its  people  when  properly  utilized  with  the  aid  of  modern 
machinery  and  transportation  facilities.  India  also  has  its 
congested  districts  and  its  waste  places.  Its  system  of  castes 
interposes  a  very  serious  obstacle  in  the  way  of  industrial  or- 
ganization in  accordance  with  western  ideas.  It  is  still,  as  in 
the  earliest  dawn  of  history,  a  country  of  vast  weath  and  re- 
sources and  of  much  poverty  and  distress.  In  spite  of  re- 
ligious differences  the  British  Government  has  not  only  been 
able  to  maintain  its  political  dominion  over  the  whole  country, 
but  has  been  able  to  draw  very  substantial  aid  in  men  and  sup- 
plies to  carry  on  the  great  war. 

England  has  acquired  ample  dominions  beyond  the  seas; 
France  has  great  possessions  in  Africa  and  Asia;  the  Nether- 
lands has  very  rich  possessions  in  Java  and  the  East  Indies ;  and 
other  European  states  have  valuable  territories  in  distant  lands. 
Russia  before  the  revolution  had  vast  undeveloped  natural 
resources  and  ample  room  for  the  expansion  of  her  population, 
but  the  interior  states  of  Europe  looked  to  their  immediate 
neighbors  for  increase  of  their  possessions.  Turkey,  the 
Balkan  States,  Greece,  Italy,  Hungary,  Poland,  Bohemia,  and 
numerous  other  nations  that  have  now  or  at  times  past  had 
more  or  less  extended  sovereignty,  are  and  must  be  limited  in 
their  territories  by  the  boundaries  of  their  neighbors.  From 
the  most  ancient  times  their  rulers  have  waged  war  with  each 
other  for  the  extension  of  their  power,  but  no  effort,  no  effu- 
sion of  blood,  avails  to  add  a  foot  of  territory  to  the  aggregate 
possessions  of  all  of  them.  Doubtless  the  people  of  these  states 
have  believed  that  they  were  vitally  interested  in  increasing  the 
dominions  of  their  rulers.  Apparently  they  were  so  while 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  445 

the  doctrine  of  absolute,  independent  sovereignty  obtained, 
unmitigated  by  any  general  combination  of  all  of  them  to  pro- 
mote the  general  welfare. 

Commercial  nations  find  that  to  attain  the  maximum  pros- 
perity they  must  be  permitted  to  buy  and  sell  in  every  part  of 
the  globe.  Each  country  has  its  peculiar  products  and  its  spe- 
cial needs.  Those  engaged  in  the  same  line  of  production  must 
often  resort  to  others  in  the  same  line  for  supplies  when  their 
own  crops  fail.  Maximum  prosperity  for  all  is  only  possible 
when  the  resources  of  all  are  fully  utilized  and  their  products 
distributed  where  they  are  most  needed.  Moral  and  material 
progress  for  the  world  do  not  lie  along  the  line  of  extension  of 
the  political  power  of  any  nation,  but  of  the  curtailment  of 
political  powers  in  the  separate  nations  and  more  extended 
combinations  for  mutual  benefit  and  general  welfare.  The 
discords  and  wars  between  nations  are  in  most  cases  the  result 
of  conflicting  ambitions  for  power  and  desire  for  commercial 
advantages.  Rome  broke  down  the  barriers  in  Europe  and 
around  the  Mediterranean  Sea  by  extending  its  dominion  over 
all,  but  since  its  disintegration  no  other  nation  has  succeeded 
in  acquiring  like  dominion  in  Europe,  though  the  areas  of  the 
British  and  Russian  Empires  throughout  their  whole  extent 
were,  prior  to  the  war,  much  greater  than  that  of  the  Roman 
ever  was. 

All  the  nations  of  Europe  cry  for  expansion,  and  feel  the 
stifling  restrictions  of  national  boundaries.  Throughout  all 
the  centuries  they  have  looked  to  the  extension  of  their  own 
political  dominion  for  relief,  and  have  waged  numberless  wars 
to  gain  this  end,  the  main  result  of  all  of  which  has  been 
misery  and  disappointment.  It  is  clear  that  they  have  failed 
to  choose  the  right  road.  The  extension  of  the  political  power 
of  one  people  over  another  is  not  even  an  approach  toward 
the  coveted  goal.  The  real  need  is  that  each  and  every  nation 
shall  be  shorn  of  its  powers  of  aggression.  Instead  of  fortify- 
ing the  boundary  lines  and  interposing  barriers  between  nations 
the  welfare  of  all  demands  that  they  be  removed  and  increased 
facilities  provided  for  crossing  the  borders.  Railroads,  wagon 
roads,  bridges,  telegraphs,  telephones,  and  all  other  aids  to 


446  INTERNATIONAL  RELATIONS 

commerce  and  social  intercourse  should  be  provided  to  promote 
the  general  welfare  of  all  and  to  break  down  the  obstacles 
which  political  isolation  interposes.  The  little  interior  states 
of  Europe  feel  the  constant  pressing  need  of  supplies  from 
without :  coal,  iron,  cotton,  wool,  and  other  raw  materials  for 
their  industries,  as  well  as  food  supplies  for  their  people.  No 
mere  extension  of  a  national  boundary  over  a  neighbor's  land 
answers  the  full  purpose.  A  full  measure  of  prosperity  de- 
mands free  access  to  the  markets  of  the  whole  world.  This 
can  not  by  any  possibility  be  secured  in  any  other  way  than 
by  the  friendly  accord  and  cooperation  of  all  the  peoples. 
War  anywhere  affects  the  people  o.f  every  country  in  greater 
or  less  degree.  Every  exchange  of  a  surplus  product  of  one 
country  for  the  surplus  of  needed  supplies  produced  by  another 
is  a  net  gain  to  both  of  the  whole  value  of  both  products,  less 
the  costs  of  transportation  and  exchange.  Mutual  benefit,  not 
the  mere  advantage  of  one  party  to  the  transaction,  is  the  basis 
of  all  commerce.  All  the  nations  are  interested  in  its  pro- 
motion, and  also  in  the  increase  of  production  of  useful  things 
everywhere.  No  more  than  the  grand  total  of  all  that  is  pro- 
duced can  be  distributed,  and  free  access  to  the  people  of 
every  nation  must  be  open  if  the  surplus  from  each  district  is 
to  be  made  available  to  those  who  need  it  most. 

Treaties  and  conventions  dealing  merely  with  the  distribu- 
tion among  sovereignties  of  political  power  and  dominion 
make  no  appreciable  progress  toward  the  desired  end.  The 
world-old  ideal  of  supreme,  ultimate,  and  absolute  sovereignty 
in  the  government  of  each  district  of  the  earth  must  be  aban- 
doned, and  in  its  place  must  come  the  ideal  of  universal  good 
will  and  mutual  help.  Along  these  lines  all  nations  may  freely 
expand  without  encroachment  on  each  other.  The  Interna- 
tional Postal  Union  is  a  pioneer  organization  of  the  kind 
needed.  It  performs  no  political  function,  but  ministers  to 
the  welfare  of  every  nation,  and  is  by  far  the  greatest  public 
agency  that  ever  was  established.  The  secret  of  its  success 
lies  in  the  moral  and  economic  soundness  of  its  purposes.  The 
principles  of  its  operation  are  applicable  to  all  lines  of  com- 
mercial intercourse  between  peoples.  Instead  of  directing  the 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  447 

energies  of  the  governments  of  nations  to  the  futile  effort  to 
gain  prosperity  by  war's  destruction,  they  should  be  directed 
to  the  promotion  of  commerce,  good  relations,  and  the  general 
welfare.  The  last  half  century  has  witnessed  remarkable 
progress  along  these  lines.  The  general  welfare  treaties  and 
conventions  above  reviewed  and  the  recent  treaties  by  which 
the  great  war  has  terminated  indicate  what  has  been  accom- 
plished. The  advantages  that  have  accrued  to  the  people  of 
the  states  of  the  American  Union  from  the  renunciation  of 
a  part  of  their  claims  of  separate  sovereignty  and  the  com- 
bination of  the  powers  of  all  of  them  for  general  purposes  are 
manifested  in  many  ways,  but  in  none  more  than  the  oblitera- 
tion of  all  state  barriers  between  their  citizens  in  their  social 
and  business  intercourse.  It  cannot  be  doubted  that  similar 
advantages  would  accrue  to  the  states  of  Europe  from  the  re- 
moval of  the  obstacles  which  their  national  boundaries  oppose 
to  their  intercourse  with  each  other. 

In  the  United  States  we  still  have  as  firmly  fixed  and  definite 
boundaries  between  the  states  as  the  European  nations  have, 
and  they  are  necessary  and  serve  many  useful  purposes.  The 
separate  states  regulate  their  local  affairs  in  their  own  way 
and  are  governmental  units  with  clearly  defined  territorial 
authority.  State  boundaries  may  be  even  more  necessary  and 
important  in  Europe,  where  differences  in  race  and  language 
accentuate  their  political  separation,  but  the  fundamental  needs 
of  the  abdication  of  ultimate  sovereignty  and  the  transfer  to 
a  central  authority  of  the  power  to  adjust  and  settle  all  con- 
flicting claims  between  them  as  to  territory  and  boundaries  is 
equally  clear  and  imperative.  The  United  States  was  pos- 
sessed of  a  vast  unsettled  region  of  rich  land.  As  it  has  been 
taken  possession  of  by  settlers  new  communities  have  been 
organized  and  have  asked  for  recognition  as  states.  The  Con- 
gress is  vested  with  power  to  provide  for  their  organization 
and  to  admit  them  into  the  Union  with  exactly  the  same  rights, 
powers,  and  privileges  as  those  enjoyed  by  the  original  states. 
By  this  process  the  number  of  states  has  been  increased  from 
13  to  48,  covering  all  the  contiguous  territory  of  the  nation, 
and  leaving  only  Alaska  and  the  insular  possessions  without 
such  organization. 


448  INTERNATIONAL  RELATIONS 

There  are  in  Africa,  Asia  and  the  East  Indies  vast  regions  in 
substantially  the  same  situation  now  as  the  western  part  of  the 
territory  of  the  United  States  was  a  hundred  years  ago.  These 
regions  now  need  policing  while  they  are  being  developed  into 
civilized  communities,  and  ultimate  incorporation  and  recog- 
nition as  states  on  an  equal  footing  with  all  the  other  states  of 
the  world.  Whence  shall  come  this  supervising  power,  and 
what  shall  be  the  limitations  of  its  authority?  Manifestly  not 
from  any  one  nor  from  any  exclusive  group  of  nations.  Not 
from  any  great  combination  of  military  power  acting  on  the 
claim  that  might  makes  right,  but  from  the  wisdom  and  con- 
science of  all  the  nations.  By  general  agreement  the  settlement 
of  the  purely  political  problems  relating  to  autonomy  and 
boundaries  of  states  may  be  delegated  to  a  representative  body 
chosen  in  such  manner,  with  such  powers,  and  under  such 
limitations  as  may  be  fixed  by  the  agreement.  Perhaps  it 
would  be  best  that  this  body  have  no  other  powers  or  functions 
than  these,  and  that  the  terms  of  service  of  the  members  of  it 
be  very  strictly  limited.  A  body  truly  representing  the  senti- 
ments of  all  the  nations  could  hardly  have  any  other  motive 
for  its  action  than  that  of  promoting  the  general  welfare. 
How  can  a  better  criterion  of  right  be  established  than  by 
the  judgment  of  all  the  nations  expressed  after  consultation 
with  each  other? 

It  may  be,  it  doubtless  will  be,  the  case,  that  questions  will 
arise  as  to  which  no  full  agreement  can  be  reached  by  all.  The 
question  will  then  be  presented  whether  a  number  less  than  the 
whole  shall  have  the  power  to  make  a  decision  binding  on  all. 
In  the  United  States  the  principle  obtains  that  the  majority 
rules  for  the  time  being,  and  in  many  cases  a  minority  cast- 
ing a  plurality  of  the  votes  has  the  power  to  act  for  all.  The 
evil  consequences  of  wrong  decisions  may  ordinarily  be  over- 
come in  great  part  by  subsequent  reconsideration  of  the  ques- 
tion when  a  nearer  approximation  to  unanimity  can  be  ob- 
tained. So  in  the  decision  of  all  political  questions  affecting 
the  interests  of  all  or  many  of  the  nations  the  vote  of  a  maj- 
ority or  even  of  a  plurality  might  well  be  allowed  to  furnish 
a  modus  vivendi  until  a  larger  majority  or  unanimity  can  be 
obtained. 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  449 

Mutual  agreement,  wherever  possible,  is  ordinarily  the  best 
method  of  settling  a  controversy.  The  people  directly  con- 
cerned usually  have  a  more  keen  appreciation  of  the  interests 
involved  than  outsiders  have.  It  is  always  of  prime  im- 
portance to  know  the  views  and  wishes  of  those  most  directly 
interested  in  every  question  of  autonomy  or  boundary  before 
attempting  to  settle  it.  Agreement  should  be  obtained  so  far 
as  practicable,  but  when  it  cannot  be  obtained  the  representa- 
tives of  all  should  have  power  to  determine  the  issue.  The 
earth  is  but  just  so  big  and  its  division  among  the  people  on  it 
must  be  effected  by  themselves  in  some  way.  It  is  clearly  the 
prime  duty  of  the  nations  to  provide  the  best  agency  they  can 
devise  to  partition  the  land  among  them  as  justly  and  wisely 
as  possible,  leaving  nothing  to  be  gained  by  brute  force  or 
unconscionable  craft. 

ALLIANCES  PRECEDING,  DURING  AND  FOLLOWING 
THE  GREAT  WAR 

Notwithstanding  the  many  conventions  in  which  all  the 
leading  nations  of  Europe  had  joined  for  the  furtherance  of 
their  common  interests  along  peaceful  lines  there  were  sinister 
alliances  made  in  contemplation  of  war  by  which  the  leading 
powers  were  divided  into  two  groups,  known  as  the  Triple 
Alliance  and  the  Triple  Entente;  the  former  comprising  Ger- 
many, Austria-Hungary  and  Italy,  and  the  latter  France, 
Russia  and  Great  Britain.  Germany  was  the  dominant  force 
in  the  Triple  Alliance,  and  in  accordance  with  the  traditional 
policy  of  the  Hohenzollern  dynasty  had  during  more  than 
forty  years  of  peace  devoted  the  energies  of  its  government  to 
organization  for  war.  The  whole  male  population  were  trained 
soldiers  and  most  ample  supplies  of  arms  and  munitions  of  all 
kinds  had  been  provided.  Great  attention  was  given  to  navi- 
gation of  the  air,  and  the  Zeppelin  dirigible  balloons  were  be- 
lieved to  be  a  valuable  addition  to  the  military  force  of  the 
Empire.  Much  progress  had  also  been  made  in  the  construc- 
tion of  a  navy,  and  especial  attention  was  given  to  submarines. 
Care  had  also  been  taken  to  extend  the  Prussian  system  of 
military  training  to  Turkey  and  Bulgaria  and  to  procure  the 


450  INTERNATIONAL  RELATIONS 

appointment  of  German  officers  to  commands  in  the  Turkish 
army.  Of  the  nations  of  the  Entente  France  had  a  well 
trained  and  equipped  army,  much  inferior  in  numbers  to  that 
of  Germany,  and  a  fair  navy;  Russia  had  a  vast  but  poorly 
equipped  army  and  a  small  navy,  while  Great  Britain  had  a 
vast  navy  and  very  small  army. 

Both  of  these  combinations  were  in  some  respects  illogical 
and  neither  of  them  stood  the  strains  of  war  to  its  termination. 
Italy  declined  to  follow  its  allies  into  the  war,  and  at  first  de- 
clared its  neutrality.  It  afterward  made  a  secret  treaty  with 
France  and  Great  Britain  and  joined  them  against  its  former 
allies.  Turkey  and  Bulgaria  came  to  the  aid  of  Germany  and 
Austria-Hungary.  Russia,  the  most  absolute  of  all  the  military 
governments,  bore  the  greater  part  of  the  brunt  of  the  war 
during  the  first  two  years,  but  its  alliance  with  the  democratic 
nations  of  western  Europe  was  so  illogical  that  German  in- 
fluences gained  ascendancy  in  the  councils  of  the  Czar  and  the 
Russian  army  ceased  to  be  formidable.  The  revolution  which 
caused  the  abdication  of  the  Czar  on  March  15,  1917,  resulted 
from  the  opposition  of  the  Duma  to  a  separate  peace  with  Ger- 
many. The  Entente  gained  no  substantial  advantage  from  the 
overthrow  of  the  autocracy.  The  democratic  government 
formed  at  first  gave  way  before  the  assaults  of  the  radicals  and 
was  followed  by  the  dominance  of  the  Bolshevik  Soviets  and  the 
disintegration  of  the  Russian  State.  The  carefully  planned 
combinations,  offensive  and  defensive,  proved  alike  unstable 
and  inefficient. 

The  declarations  of  war  by  Austria-Hungary  on  Servia  on 
July  28,  1914,  and  by  Germany  on  Russia  on  August  i,  were 
immediately  followed  by  the  invasion  of  Belgium,  a  state 
whose  neutrality  had  been  guaranteed  by  Prussia,  France  and 
Great  Britain.  Germany  had  made  a  most  careful  computation 
of  the  physical  forces  of  the  states  attacked,  and  regarded  the 
resistance  Belgium  could  offer  as  of  minor  concern  when  com- 
pared with  the  advantages  to  be  gained  by  the  occupation  of 
its  territory  and  the  facilities  its  roads  afforded  for  the  in- 
vasion of  France.  Moral  influences  and  the  sentiments  of 
neutral  powers  were  deemed  unworthy  the  consideration  of 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  451 

masters  of  the  science  of  war.  This  was  a  fatal  misconception 
of  the  spirit  of  the  age.  Germany's  disregard  of  treaty  and 
moral  obligations  arrayed  the  world  on  the  side  of  the  Bel- 
gians. It  induced  such  a  combination  of  nations  and  of  moral 
and  material  forces  as  had  never  been  dreamed  of  before.  The 
great  nations  of  Asia,  all  of  North  America  except  Mexico, 
and  half  the  states  of  South  and  Central  America  gave  their 
support  to  the  cause  of  Belgium,  with  Servia,  France,  Great 
Britain,  Portugal,  Roumania,  Montenegro,  Italy  and  Greece. 
While  the  Asiatic,  Central  and  South  American  states  took 
little  active  part  in  the  conflict,  the  United  States  at  the  crisis 
threw  the  vast  weight  of  its  power  into  the  scale  and  soon 
ended  the  conflict.  War  brought  together  the  military  forces 
of  all  the  continents  under  a  single  leadership.  War  arrayed 
against  the  four  Central  European  Powers  a  war  league  of 
nearly  all  the  other  great  nations  of  the  earth.  The  combina- 
tion of  forces  effected  during  the  continuance  of  the  war, 
though  so  vast  in  its  proportions,  did  not  differ  materially  in 
its  methods  from  other  military  combinations  which  had  pre- 
ceded it,  except  as  modern  inventions  changed  the  incidents  of 
war.  The  Hohenzollerns  and  Hapsburgs  were  driven  from 
the  thrones  of  Germany  and  Austria-Hungary  and  the  leader- 
ship of  their  great  military  forces.  The  Turkish  Empire  was 
disrupted.  Nations  whose  political  life  had  been  crushed  out  by 
these  powers  rose  again  into  being  and  demanded  recognition. 
Bohemia,  Poland,  Finland,  Esthonia,  Livonia,  Ukraine,  and 
the  Balkan  states  all  present  problems  of  national  reorganiza- 
tion. In  Asia  the  vast  regions  of  Siberia,  Armenia,  Syria, 
Hedjaz  and  Mesopotamia  present  a  multiplicity  of  govern- 
mental problems.  The  German  colonies  and  protectorates  in 
Africa  and  the  Pacific  Islands  are  to  be  administered  in  accord- 
ance with  the  views  of  the  victors.  Following  such  a  war  and 
the  destruction  of  so  many  great  military  powers  it  is  not 
possible  to  establish  general  peace  at  once  by  any  treaty. 
Though  the  problems  solved  by  the  Peace  of  Westphalia  and 
by  the  Congress  of  Vienna  were  difficult  and  complicated,  the 
ambitions  and  jealousies  of  rulers  rather  than  the  rights  and 
aspirations  of  peoples  were  the  chief  difficulties  to  be  over- 
come. 


452  INTERNATIONAL  RELATIONS 

The  armistice  agreed  on  by  the  belligerents,  which  put  an 
end  to  the  fighting  between  the  great  armies,  went  into  effect 
on  November  n,  1918,  at  n  o'clock  A.M.  Its  effect  was  to 
place  the  Central  Powers  at  the  mercy  of  the  Allies,  though  it 
was  not  in  terms  an  unconditional  surrender.  It  did  not  pre- 
vent disorders  and  bloody  conflicts  within  the  countries  whose 
governments  had  been  overthrown.  The  task  of  defining  the 
boundaries  of  old  and  new  states  and  of  regulating  their  rela- 
tions to  each  other  remained  to  be  worked  out  at  the  peace  table 
and  by  the  League  of  Nations.  President  Wilson  sailed  for 
Europe,  on  December  4,  1918,  and  arrived  in  Paris  on  Decem- 
ber 14.  Informal  conferences  between  the  heads  of  the  govern- 
ments of  the  leading  allied  powers  soon  followed,  and  arrange- 
ments were  made  for  the  general  conference  of  the  victors  to 
agree  on  the  terms  of  peace  which  should  be  offered  to  the 
vanquished.  The  first  formal  meeting  of  representatives  of 
France,  Great  Britain,  Italy  and  the  United  States  was  held 
on  January  12,  1919.  The  Peace  Congress  opened  in  Paris 
on  January  18,  1919.  Its  composition  is  shown  by  the  two 
first  sections  of  the  regulations  adopted  at  this  initial  session, 
which  are  as  follows : 

Section  I.  The  conference  assembled  to  fix  the  conditions  of  peace, 
first  in  the  preliminaries  of  peace  and  then  in  the  definite  treaty  of  peace, 
shall  include  the  representatives  of  the  belligerent  Allied  and  associated 
powers. 

The  belligerent  powers  with  general  interests,  the  United  States  of 
America,  the  British  empire,  France,  Italy  and  Japan,  shall  take  part  in  all 
meetings  and  commissions. 

The  belligerent  powers  with  particular  interests,  Belgium,  Brazil,  the 
British  dominions  and  India,  China,  Cuba,  Greece,  Guatemala,  Haiti,  Hed- 
jaz,  Honduras,  Liberia,  Nicaragua,  Panama,  Poland,  Portugual,  Rou- 
mania,'  Serbia,  Siam  and  the  Czecho- Slovak  republic,  shall  take  part  in 
the  sittings  at  which  questions  concerning  them  are  discussed. 

The  powers  in  a  state  of  diplomatic  rupture  with  the  enemy  powers, 
Bolivia,  Ecuador,  Peru  and  Uruguay,  shall  take  part  in  the  sittings  at 
which  questions  concerning  them  are  discussed. 

The  neutral  powers  and  states  in  process  of  formation  may  be  heard 
either  orally  or  in  writing  when  summoned  by  the  powers  with  general 
interests  at  the  sittings  devoted  especially  to  the  examination  of  questions 
directly  concerning  them,  but  only  so  far  as  these  questions  are  con- 
cerned. 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  453 

Sec.  2.  The  powers  shall  be  represented  by  plenipotentiary  delegates 
to  the  number  of  five  for  the  United  States  of  America,  the  British  em- 
pire, France,  Italy  and  Japan;  three  for  Belgium,  Brazil  and  Serbia;  two 
for  China,  Greece,  the  King  of  Hedjaz,  Poland,  Portugal,  Roumania,  Siam 
and  the  Czecho-Slovak  republic;  one  for  Cuba,  Guatemala,  Haiti,  Hon- 
duras, Liberia,  Nicaragua  and  Panama;  one  for  Bolivia,  Ecuador,  Peru 
and  Uruguay. 

The  British  dominions  and  India  shall  be  represented  as  follows :  Two 
delegates  each  for  Australia,  Canada,  South  Africa  and  India,  including 
the  native  states;  one  delegate  for  New  Zealand. 

Although  the  number  of  delegates  may  not  exceed  the  figures  above 
mentioned,  each  delegation  has  the  right  to  avail  itself  of  the  panel  system. 
The  representation  of  the  dominions,  including  New  Foundland  and  of 
India,  may  be  included  in  the  representation  of  the  British  empire  by  the 
panel  system. 

Montenegro  shall  be  represented  by  one  delegate,  but  the  rules  con- 
cerning the  designation  of  this  delegate  shall  not  be  fixed  until  the  moment 
when  the  political  situation  of  this  country  shall  have  been  cleared  up. 

The  conditions  of  the  representation  of  Russia  shall  be  fixed  by  the  con- 
ference at  the  moment  when  the  matters  concerning  Russia  are  examined. 

M.  Clemenceau,  Premier  of  France,  was  chosen  permanent 
chairman  of  the  Congress.  How  world-wide  the  combination 
was  that  brought  about  the  overthrow  of  the  Central  Powers 
appears  from  the  list  of  nations  admitted  to  participation  in 
the  preparation  of  the  treaty  to  be  presented  to  them  for  ac- 
ceptance. The  list  of  belligerent  powers  entitled  to  full  rep- 
resentation includes  eight  old  and  two  new  European  states; 
all  the  great  nations  of  Asia  except  Persia;  the  two  greatest 
republics  of  America;  Cuba  and  Haiti  in  the  West  Indies;  and 
four  of  the  Central  American  states.  Russia  and  Montenegro, 
which  had  been  active  participants  in  the  war,  were  left  in 
abeyance  so  far  as  representation  in  the  Congress  was  con- 
cerned because  of  the  uncertainty  of  their  governmental  sit- 
uations. The  purpose  of  the  Congress  being  not  only  to  con- 
clude a  treaty  of  peace  between  the  nations  which  had  been  at 
war  with  each  other,  but  also  to  effect  a  permanent  organiza- 
tion among  themselves  and  ultimately  with  all  the  other  nations 
of  the  world,  provision  was  made  in  these  regulations  for 
hearing  the  neutral  powers  and  states  in  process  of  formation 
on  matters  concerning  them.  The  disordered  conditions  pre- 
vailing in  Central  and  Eastern  Europe  rendered  it  imprac- 


454  INTERNATIONAL  RELATIONS 

ticable  to  admit  their  representatives  to  full  participation  in 
the  work  of  the  Congress,  which  did  not  admit  of  long  delay. 
Treaties  terminating  wars  between  only  two  nations  have 
seldom  effected  a  permanent  settlement  of  the  causes  of  con- 
troversy between  them.  Rome  and  Carthage  waged  successive 
wars  until  Carthage  was  destroyed.  France  and  Great  Britain 
warred  with  each  other  through  many  centuries.  The  French 
and  Germans  have  fought  each  other  along  the  Rhine  at  longer 
or  shorter  intervals  for  two  thousand  years.  Since  the  treaty 
establishing  the  independence  of  the  United  States  successive 
controversies  with  Great  Britain  have  arisen  concerning  the 
construction  of  treaties,  boundaries  and  rights  on  sea  and  land, 
resulting  in  only  one  war,  that  of  1812,  but  of  such  gravity 
as  to  render  resort  to  arbitration  necessary  to  settle  them. 
The  very  great  complication  of  questions  now  to  be  considered 
rn,akes  it  apparent  that  no  final  adjustment  of  all  the  relations 
of  the  many  states  which  are  parties  to  the  treaty  can  possibly 
be  made  by  a  single  treaty  or  by  any  set  of  treaties  that  can 
be  formulated  now.  It  is  clearly  manifest  that  the  best  that  can 
be  done  is  to  form  an  organization  which  will  be  competent  to 
deal  with  unsolved  problems  and  new  questions  that  will  arise 
hereafter. 

The  private  relations  of  men  to  each  other  are  adjusted  in  a 
very  great  majority  of  instances  by  mutual  agreement  of  the 
parties,  but  in  every  country  and  in  every  stage  of  civilization 
there  is  a  very  small  per  centage  of  dealings  and  circumstances 
which  give  rise  to  controversies  that  the  parties  cannot  settle 
by  agreement.  One  of  the  prime  functions  of  civil  government 
is  to  provide  rules  for  the  determination  of  such  controversies, 
and  impartial,  disinterested  tribunals  to  apply  such  rules  to 
the  states  of  fact  giving  rise  to  them.  The  parties  to  the  con- 
troversy are  compelled  to  submit  to  the  judgment  of  a  court 
whose  judgment  stands  as  the  expression  of  the  public  sense  of 
right  in  the  case.  Where  no  such  tribunals  are  established  and 
each  party  to  a  controversy  is  left  to  enforce  his  rights,  strife 
and  feuds  soon  put  an  end  to  all  prosperity  and  security. 

A  large  majority  of  the  questions  arising  between  nations 
are  also  settled  by  agreement  or  compromise,  but  the  few  re- 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  455 

maining  ones  give  rise  to  wars  which  are  liable  to  bring  disaster 
not  only  to  the  belligerents  but  also  to  their  neutral  neighbors. 
The  need  of  settled  law  and  of  tribunals  to  apply  it  to  the 
affairs  of  nations  is  just  as  imperative  as  to  private  concerns. 
It  is  beyond  the  capacity  of  any  man  or  set  of  men  to  foresee 
what  controversies  will  arise  in  the  future  and  settle  them  in 
advance.  The  most  that  has  yet  been  done  within  the  nations 
is  to  establish  general  rules  of  right  and  of  conduct  and  pro- 
vide agencies  for  their  enforcement.  Similarly,  the  best  that 
can  be  done  now  for  the  regulation  of  the  conduct  and  de- 
termination of  the  rights  of  nations  and  the  prevention  of  con- 
flicts between  them  is  to  fix  their  present  status  and  provide 
general  agencies  competent  to  deal  with  and  dispose  of  all 
matters  affecting  common  interests  and  the  relation  of  states 
to  each  other  as  need  therefor  may  arise  in  the  future. 

Great  progress  has  been  made  in  recent  years  in  combinations 
of  sovereign  states  for  common  purposes.  The  American 
colonies  became  separate  sovereign  states  at  the  conclusion  of 
the  Revolutionary  War.  They  found  it  necessary  to  join  to- 
gether under  a  written  constitution,  which  preserved  their 
separate  sovereignty  for  all  local  purposes,  but  delegated 
general  sovereignty  for  common  purposes  to  the  United  States. 
Thirty-five  new  sovereign  states  have  since  been  added  to  the 
original  thirteen.  Congress  and  the  Federal  Courts  are  com- 
petent to  determine  every  question  of  relation  between  the 
states,  and  the  general  government  speaks  for  all  in  dealings 
with  other  nations. 

The  British  government  is  built  on  similar  though  not  iden- 
tical principles.  Its  self-governing  colonies  regulate  their 
internal  affairs  in  their  own  way,  but  the  central  power,  the 
Parliament,  Privy  Council  and  Courts,  are  vested  with  auth- 
ority to  settle  all  questions  concerning  their  relations  to  each 
other,  and  to  speak  for  all  in  dealings  with  other  nations.  Of 
late  the  colonies  have  been  consulted  when  treaties  affecting 
their  interests  have  been  under  consideration.  The  great  inter- 
national conventions  which  are  considered  above  were  steps  in 
the  direction  of  general  international  organization,  though  in- 
complete and  rudimentary.  The  extent  of  the  combination 


456  INTERNATIONAL  RELATIONS 

of  powers  effected  during  the  prosecution  of  the  war,  the  com- 
plete disruptions  of  the  governments  which  before  the  war 
ruled  so  large  a  part  of  the  earth,  the  invention  of  submarines, 
air  crafts,  wireless  telegraphs,  deadly  gases  and  other  de- 
structive agencies,  and  the  rising  demands  of  the  great  multi- 
tudes who  bear  the  burdens  of  war  for  recognition  of  their 
rights  and  protection  from  such  calamities  in  the  future,  pre- 
sented a  situation  essentially  different  from  that  which  had 
ever  confronted  a  peace  congress.  Immediate  adjustment  of 
boundaries  in  accordance  with  the  wishes  of  the  people  occupy- 
ing border  districts  was  impossible,  for  no  fair  expression  of 
their  wishes  could  be  obtained  until  order  was  established.  The 
collection  and  distribution  of  compensation  for  the  destruction 
of  property,  for  the  lives  of  civilians  and  their  enforced  ser- 
vitude, the  regulation  of  the  use  of  ports,  navigable  rivers  and 
international  thoroughfares,  the  admnistration  of  protec- 
torates in  unorganized  districts,  the  reduction  of  armaments 
and  other  apparent  needs  of  the  immediate  future,  rendered  a 
general  and  continuing  organization  an  imperative  necessity. 
The  task  of  effecting  such  an  organization  was  rendered 
doubly  difficult  by  the  condition  of  disorganization  prevailing 
in  so  large  a  part  of  the  world,  which  prevented  a  fair  repre- 
sentation of  all  the  nations  in  the  conference.  The  initiative 
was  taken  by  the  five  great  powers,  Great  Britain,  France, 
Japan,  Italy  and  the  United  States.  The  Peace  Congress  was 
a  diplomatic  rather  than  a  legislative  gathering,  yet  the  exigen- 
cies of  the  situation  forced  it  to  assume  the  functions  of  a  con- 
stitutional convention,  charged  with  the  task  of  inaugurating  a 
new  and  better  system  of  adjusting  the  relations  of  nations  to 
each  other.  The  disorganized  state  of  so  many  nations  ren- 
dered it  impossible  to  organize  a  universal  congress  at  once,  yet 
enduring  peace  is  not  to  be  hoped  for  unless  the  League  accords 
to  every  nation  fair  representation  in  it.  The  Peace  Congress, 
being  merely  a  diplomatic  body,  could  not  decide  any  question 
by  a  majority  vote,  but  required  the  consent  of  every  nation 
that  is  to  be  bound  by  its  action.  Any  small  nation  could 
refuse  to  become  a  party  to  the  treaty  presented  for  its  accept- 
ance, but  no  nation,  great  or  small,  can  hope  for  any  substantial 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  457 

advantage  through  independent  action.  If  permanent  peace 
and  prosperity  is  to  be  secured  it  is  clearly  manifest  that  there 
must  be  concord  among  all  the  nations,  and  it  is  equally  man- 
ifest that  this  can  only  be  obtained  if  all  people  are  treated 
justly  and  find  in  the  League  advantages  or  security  which 
they  could  not  provide  for  themselves  as  separate  states.  Mas- 
tery of  one  or  a  few  great  nations  through  the  instrumentality 
of  a  League  of  all  would  be  as  distasteful  and  as  likely  to  pro- 
voke resistance  as  the  domination  of  one  great  power. 
Equality  of  right  in  great  and  small  nations  is  essential,  but 
this  cannot  be  made  the  basis  of  a  valid  claim  for  equality  of 
representation  and  influence  for  a  small  state  with  few  people 
with  a  great  nation  made  up  of  many  states  and  great  numbers 
of  people.  Regard  for  existing  sovereignties  cannot  be  allowed 
to  wholly  override  the  rights  of  the  great  multitudes  who  speak 
through  a  single  national  government.  Probable  future  de- 
velopment of  sparsely  peopled  countries  must  be  taken  into 
account.  The  principles  applied  by  the  United  States  in  the 
admission  of  new  states  are  applicable  to  future  admissions  to 
the  League  of  Nations.  The  rights  of  people  rather  than  of 
places  or  names  will  always  be  paramount. 

The  first  task  undertaken  by  the  Peace  Conference  was  that 
of  formulating  a  constitution  for  the  League  of  Nations.  A 
draft  was  unanimously  agreed  on  by  the  committee  in  charge 
of  the  work  and  reported  to  the  general  conference  by  Presi- 
dent Wilson  on  February  14,  1919.  It  was  then  made  public 
and  submitted  to  general  criticism.  After  much  public  dis- 
cussion of  the  terms  of  the  covenant  some  changes  were  made 
and  on  April  28,  1919,  a  revised  draft  was  adopted  by  the 
Peace  conference  without  any  dissent.  It  is  entitled  "The 
Covenant  of  the  League  of  Nations"  and  appears  as  Part  I  of 
the  Treaty  of  Peace  with  Germany. 

THE  TREATY  OF  PEACE  WITH  GERMANY 

An  unprecedented  war  called  for  an  unprecedented  treaty. 
The  war  was  instituted  by  the  leaders  of  great  military  or- 
ganizations for  the  purpose  of  extending  their  power.  It  re- 
sulted in  the  overthrow  of  these  leaders.  The  failure  of  com- 


458  INTERNATIONAL  RELATIONS 

binations  of  powers  based  on  the  theory  of  balance  of  power 
to  preserve  peace  was  abundantly  proved  by  the  war.  The 
combination  of  forces  that  finally  brought  the  war  to  an  end 
was  world  wide.  In  order  to  make  a  treaty  of  peace  for  all 
the  nations  involved  in  the  war  it  was  necessary  to  bring  to  the 
conference  representatives  of  the  leading  nations  of  every 
continent.  The  old  system  of  military  organization  within 
each  state  for  its  own  protection  against  all  others  either  sepa- 
rately or  in  combination  with  others,  with  accepted  principles 
of  international  law  which  accorded  to  each  nation  and  com- 
bination of  nations  the  right  to  go  to  war  whenever  and  for 
whatever  cause  it  saw  fit  was  thoroughly  discredited.  A  better 
combination  of  states  and  more  enlightened  theories  of  inter- 
national law  were  imperatively  demanded.  Manifestly  the 
only  combination  adequate  for  the  preservation  of  peace  and 
order  throughout  the  whole  world  is  one  which  includes  all  the 
nations.  Manifestly  this  combination  must  be  guided  by  prin- 
ciples of  right  and  justice  and  must  utterly  discredit  the  claim 
that  might  is  right.  But  the  mere  assertion  of  abstract  prin- 
ciples is  inadequate  for  the  preservation  of  order  in  a  world 
accustomed  to  the  exercise  of  so  much  arbitrary  power.  Gen- 
eral agencies  representing  and  acting  in  the  interest  of  all  for 
the  determination  and  enforcement  of  the  rights  of  each  are 
needed. 

Recognizing  these  truths  the  first  work  of  the  Peace  Con- 
ference was  the  formulation  of  the  Covenant  of  the  League 
of  Nations,  which  was  incorporated  in  the  treaty  prepared  by 
the  victors  as  Part  I  and  submitted  to  Germany  for  its  accept- 
ance. This  Covenant  is  not  merely  a  device  for  the  purpose  of 
regulating  the  relations  of  the  allies  to  Germany,  but  is  designed 
quite  as  much  to  preserve  peace  between  the  allied  nations 
themselves  and  in  fact  between  all  the  nations  of  the  world, 
whether  parties*  to  the  treaty  or  not,  and  is  designed  to  ul- 
timately become  a  general  treaty  between  all  the  nations.  The 
agencies  which  this  covenant  provides  for  are  consultative  and 
advisory  rather  than  governmental,  yet  it  is  by  no  means  cer- 
tain that  they  will  not  prove  more  efficient  than  if  clothed  with 
full  power  of  final  decision  and  action.  The  remarkable 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  459 

changes  in  conditions  resulting  from  the  use  of  modern  in- 
ventions and  the  rapid  development  of  new  means  of  travel  and 
intercourse  render  it  certain  that  many  new  questions  will 
arise  which  can  best  be  dealt  with  by  consultative  bodies  which  ' 
consider  the  general  interest  and  recommend  rather  than 
dictate  the  course  to  be  pursued.  The  dominant  purpose  in 
forming  the  League  is  to  prevent  future  wars.  For  the  first 
time  in  the  history  of  the  world  this  Covenant  undertakes  to 
establish  agencies,  in  which  all  the  nations  will  be  represented, 
whose  duty  it  will  be  to  take  cognizance  of  every  condition  cal- 
culated to  produce  war  and  to  recommend  action  which  will 
prevent  it.  It  recognizes  the  fact  that  all  great  wars  are  pre- 
ceded by  military  organization  and  preparation  for  them  and 
undertakes  to  cause  the  disarmament  of  existing  military  or- 
ganizations and  the  prevention  of  future  ones.  It  recognizes 
arbitration  and  the  judicial  determination  of  disputes  between 
nations  as  the  alternatives  to  be  substituted  for  self-help  by 
the  aggrieved  nation.  While  it  does  not  establish  a  world  gov- 
ernment with  definite  powers,  it  recognizes  the  unity  of  interest 
of  the  whole  world  in  the  preservation  of  peace  in  every  part 
of  it.  The  Assembly,  provided  for  in  the  Covenant,  being 
essentially  a  gathering  of  diplomatic  representatives  of  all  the 
nations,  will  be  competent  to  recommend  all  needed  improve- 
ments in  the  constitution  of  the  League  as  well  as  the  estab- 
lishment of  the  agencies  needed  from  time  to  time  to  deal  with 
conditions  as  they  arise.  Europe,  Asia,  North  and  South 
America  are  each  represented  on  the  Council,  whose  decisions 
must  in  general  be  unanimous.  As  the  nations  represented  on 
the  Council  constitute  an  overwhelming  preponderance  of 
force,  its  unanimous  decisions  concerning  any  matter  affecting 
the  peace  are  likely  to  be  accepted  by  the  parties  immediately 
concerned. 

By  Article  4  it  is  provided  that  the  Council  of  the  League 
of  Nations  shall  formulate  and  submit  to  the  members  for 
adoption  plans  for  the  establishment  of  a  Permanent  Court  of 
International  Justice,  competent  to  hear  and  determine  any 
dispute  of  an  international  character  the  parties  thereto  submit 
to  it.  This  falls  far  short  of  full  judicial  powers,  for  such  a 


460  INTERNATIONAL  RELATIONS 

court  would  have  no  jurisdiction  over  an  unwilling  party. 
With  powers  so  limited  such  a  court  would  have  no  jurisdic- 
tion over  the  matters  that  gave  rise  to  the  great  war.  Juris- 
diction over  an  unwilling  party  is  essential  to  full  efficiency  in 
an  international  tribunal. 

Great  care  is  taken  to  provide  for  the  disarmament  of  Ger- 
many and  to  prevent  the  reorganization  of  its  military,  naval 
and  air  forces.  The  disarmament  of  the  Allies  and  the  pre- 
vention of  future  wars  between  them  is  of  equal  importance, 
but  the  accomplishment  of  it  is  entrusted  to  the  League  of 
Nations.  For  the  preservation  of  peace  it  is  also  necessary 
that  Germany  be  protected  from  future  injustice  and  aggres- 
sion by  its  neighbors.  The  essence  of  the  problem  is  to  provide 
means  to  insure  just  treatment  to  all  without  regard  to  their 
relation  to  the  war. 

The  powers  conferred  on  the  Reparation  Commission  are 
very  broad  and  their  limits  not  clearly  defined.  This  is  due 
to  the  very  great  destruction  wrought  by  the  war  and  the 
recognized  inability  of  Germany  and  her  allies  to  make  full 
restitution.  The  utimate  limit  of  liability  is  therefore  recog- 
nized in  the  treaty  as  dependent  on  the  ability  of  Germany  to 
pay,  rather  than  on  the  extent  of  the  losses.  It  is  recognized 
that  the  people  of  Germany  must  not  only  be  allowed  to  live, 
but  to  live  under  such  conditions  that  they  can  perform  the 
obligations  imposed  on  them.  Real  friendly  relations  between 
the  nations  opposed  to  each  other  in  the  war  are  essential  to 
the  general  welfare,  and  this  condition  cannot  be  expected  un- 
less the  people  of  Germany  as  well  as  of  the  other  states  have 
grounds  to  hope  for  improvement  in  their  situation  as  their 
obligations  under  the  treaty  are  discharged. 

The  League  of  Nations  is  designed  to  ultimately  include  all 
the  nations  of  the  earth  and  to  bring  together  their  represen- 
tatives in  a  general  Assembly  to  be  held  at  stated  intervals. 
While  most  of  the  provisions  of  the  treaty  are  to  be  carried  into 
effect  under  the  supervision  of  commissions  and  agencies  ap- 
pointed by  the  victors,  there  are  many  future  contingencies  to 
be  provided  for  by  the  League.  Its  initial  membership  in- 
cludes only  signatories  of  the  treaty  on  the  part  of  the  Allied 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  461 

and  Associated  Powers,  and  at  this  time  is  is  therefore  merely 
the  parties  of  the  first  part  to  the  treaty,  but  the  neutral  nations 
are  invited  to  adhere  to  it  and  Spain,  which  is  not  a  signatory 
power,  is  accorded  a  place  on  the  Council.  This  gives  represen- 
tation at  once  to  the  neutral  powers  if  Spain  sees  fit  to  adhere 
to  the  covenant.  The  League  is  mentioned  in  many  parts  of 
the  treaty  following  the  Covenant  and  has  very  important 
duties  to  perform  in  connection  with  the  government  of  the 
Saar  Basin,  the  free  city  of  Dantzig,  the  reduction  of  ar- 
maments in  states  other  than  Germany,  the  government  of 
former  German  territories  through  mandatory  powers  under 
its  direction,  in  reference  to  the  navigable  rivers  of  Europe,  in 
the  settlement  of  disputes  that  may  arise  with  regard  to  the 
interpretation  and  application  of  the  articles  of  the  treaty,  and 
in  reference  to  the  organization  of  labor,  the  General  Con- 
ference of  Members  with  reference  thereto,  and  the  Interna- 
tional Labor  Office. 

The  treaty  lays  down  many  rules  for  the  determination  of 
private  rights  which  have  been  affected  by  the  war.  Clearing 
offices  are  authorized  through  which  claims  by  and  against 
citizens  of  Germany  and  of  each  of  the  allied  powers  may  be 
settled  and  taken  into  the  general  account  between  Germany 
and  its  former  enemies.  The  provisions  concerning  commer- 
cial relations,  debts,  property,  rights  and  interests,  contracts, 
prescriptions,  judgments  and  insurance,  constitute  a  consid- 
erable code  of  laws  for  the  determination  of  questions  arising 
between  the  nationals  of  the  opposing  parties. 

Part  XIII  relating  to  Labour  deals  with  a  subject  of  great 
importance  to  the  peace  of  the  world  in  a  broad  and  general 
way  and  in  connection  with  the  League  of  Nations.  The  pro- 
visions of  this  part  of  the  treaty  have  no  special  application  to 
Germany  or  to  its  relation  to  the  Allied  Powers,  but  appear  of 
great  importance  in  connection  with  the  social  and  labor  con- 
ditions prevailing  in  Europe  generally. 

The  Covenant  of  the  League  of  Nations  is  not  framed  as  a 
measure  especially  adapted  for  inclusion  in  the  treaty  with 
Germany  but  is  equally  applicable  to  the  relations  between  all 
other  nations.  In  the  succeeding  parts  of  the  treaty  various 


462  INTERNATIONAL  RELATIONS 

matters  to  arise  in  the  future  are  referred  to  the  League  for 
consideration.  Viewed  as  a  whole  the  treaty  is  remarkable  for 
the  great  number  of  agencies  which  it  establishes  for  the  deter- 
mination of  different  questions  and  the  regulation  of  matters 
affecting  the  interests  of  two  or  more  states.  There  are  very 
many  matters  of  which  the  treaty  itself  does  not  undertake  to 
make  final  disposition,  but  which  are  referred  to  the  deter- 
mination of  the  people  immediately  concerned  or  to  a  com- 
mission created  to  deal  with  the  particular  matter.  While  the 
treaty  is  in  all  its  essential  features  the  work  of  the  allied  and 
associated  powers,  it  contains  many  provisions  which  must 
ultimately  prove  quite  as  beneficial  to  the  German  people  as  to 
those  of  any  other  country.  The  provisions  for  disarmament 
will  at  once  relieve  them  from  supporting  the  vast  military 
establishment  which  was  a  crushing  burden  on  all  except  the 
rich  and  dominant  elements  before  the  war.  Relief  from  this 
burden  will  be  no  small  compensation  for  the  burden  imposed 
for  reparation  of  the  destruction  and  wrongs  perpetrated  in 
the  war. 

Part  II  of  the  treaty  deals  with  the  boundaries  of  Germany 
but  does  not  fix  them  definitely  in  all  places.  It  reduces  the  ter- 
ritory formerly  included  in  the  German  Empire  by  restoring 
to  France  the  frontier  from  Luxemburg  to  Switzerland  as  it 
existed  in  1870,  and  by  concessions  to  Belgium,  Denmark  and 
the  new  states  of  Czecho- Slovakia  and  Poland.  The  territory 
west  of  the  Rhine  remains  in  the  military  occupation  of  the 
Allies  pending  fulfillment  of  the  terms  of  the  treaty,  and  Ger- 
many is  forbidden  to  maintain  or  construct  any  fortifications 
in  it  or  within  50  kilometers  east  of  the  Rhine.  In  compensa- 
tion for  the  mines  in  French  territory  destroyed  during  the 
war  Germany  cedes  to  France  the  coal  mines  of  the  Saar  Basin, 
the  definite  boundaries  of  which  are  to  be  traced  by  a  com- 
mission of  five  members,  one  appointed  by  France,  one  by 
Germany  and  the  other  three  by  the  Council  of  the  League  of 
Nations.  The  government  of  this  territory  is  ceded  by  Ger- 
many to  the  League  of  Nations  as  trustee,  which  is  to  appoint 
a  governing  commission  of  five  members.  At  the  end  of  fifteen 
years  the  people  of  the  Basin  are  to  decide  by  votes  taken  by 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  463 

communes  or  districts  on  the  sovereignty  under  which  they 
will  be  placed;  all  persons  without  distinction  of  sex  twenty 
years  old  at  the  date  of  the  voting,  who  resided  in  the  territory 
when  the  treaty  was  signed,  are  entitled  to  vote.  The  result  of 
the  election  is  to  be  ascertained  and  declared  by  the  League  of 
Nations.  The  provisions  with  reference  to  the  restoration  of 
Alsace  and  Lorraine  to  France  are  quite  full  and,  except  in 
matters  connected  with  the  use  of  the  Rhine,  which  are  placed 
under  the  control  of  the  Central  Rhine  Commission,  dispose  of 
all  the  important  matters  connected  with  the  change  of  sov- 
ereignty. The  independence  of  the  Czecho-Slovak  State  and 
of  Poland  is  recognized  and  Danzig  is  made  a  free  city.  A 
commission  is  provided  to  settle  the  frontier  between  Belgium 
and  Germany  in  accordance  with  the  terms  of  the  treaty.  A 
commission  of  seven  members,  five  of  them  nominated  by  the 
allied  and  associated  powers  and  one  each  by  Poland  and 
Czecho-Slovakia  is  provided  to  trace  on  the  spot  the  frontier 
between  these  countries.  The  determination  of  boundaries 
and  the  allegiance  of  the  people  is  left  to  their  votes  in  border 
districts  as  between  Germany  and  Poland,  in  East  Prussia,  and 
upper  Silesia,  and  as  between  Germany  and  Denmark  in  Sch- 
leswig.  These  votes  are  to  be  taken  under  the  supervision  of 
commissions  provided  for  in  the  treaty. 

Many  commissions  are  to  be  constituted  for  various  pur- 
poses, some  temporary  and  some  continuing.  Besides  those 
already  named  there  is  one  of  seven  members  to  delimit  the 
frontier  between  Germany  and  Poland,  a  commission  of  four 
to  be  designated  by  the  United  States,  France,  Great  Britain 
and  Italy  to  supervise  the  elections  determining  the  nationality 
of  the  border  district  between  Germany  and  Poland,  a  com- 
mission of  five  to  supervise  the  elections  in  the  border  district 
between  Poland  and  East  Prussia,  a  commission  of  three  to 
delimit  the  frontier  of  the  territory  assigned  to  the  city  of 
Dantzig,  a  commission  of  five  of  which  Norway  and  Sweden 
will  be  asked  to  designate  a  member  to  supervise  the  election 
in  Schleswig,  a  commission  of  seven  to  trace  the  line  of  this 
frontier  after  it  has  been  determined  by  the  election,  the  Inter- 
Allied  Commission  of  Control  to  supervise  the  delivery,  dem- 


464  INTERNATIONAL  RELATIONS 

olition  and  rendering  things  useless  to  be  carried  out  at  the 
expense  of  the  German  Government,  the  Military  Inter-Allied 
Commission  of  Control  to  deal  with  the  enforcement  of  all  the 
military  clauses  of  the  treaty,  the  Naval  Inter-Allied  Commis- 
sion of  Control  to  see  to  the  execution  of  the  naval  clauses,  the 
Aeronautical  Inter-Allied  Commission  of  Control  to  deal  with 
the  execution  of  the  air  clauses,  a  commission  of  representa- 
tives of  the  Allied  and  Associated  Powers  and  of  Germany 
with  a  Sub-Commission  of  representatives  of  each  interested 
power  to  look  after  the  repatriation  of  prisoners  of  war,  the 
Reparation  Commission,  the  International  Commission  for  the 
Elbe,  the  International  Commission  for  the  Oder,  an  Inter- 
national Commission  for  the  Niemen  on  request  of  any  riparian 
state,  an  International  Commission  of  the  Danube,  a  com- 
mission to  delimit  free  zones  in  the  ports  of  Hamburg  and 
Stettin,  commissions  of  experts  to  apportion  the  rolling  stock 
on  railways  in  territories  the  sovereignty  of  which  is  trans- 
ferred by  the  terms  of  the  treaty,  and  Commissions  of  Enquiry 
to  consider  complaints  made  to  the  International  Labor  Office. 
Of  these  commissions  the  Reparation  Commission  is  of  the 
most  present  importance.  It  is  to  be  composed  of  delegates 
nominated  by  the  United  States,  Great  Britain,  France,  Italy, 
Japan,  Belgium  and  the  Serb-Croat-Slovene  State,  and  have 
its  principal  permanent  Bureau  in  Paris.  This  Commission  is 
authorized  to  determine  the  amount  of  damages  for  which  com- 
pensation is  to  be  made  by  Germany  and  to  supervise  the  re- 
storations and  payments  to  be  made  in  accordance  with  the 
terms  of  the  treaty,  and  is  given  power  to  appoint  committees, 
officers,  agents  and  employees  to  aid  in  the  execution  of  its 
functions. 

The  treaty  provides  for  the  appointment  of  other  tribunals 
and  agencies  as  follows:  A  special  tribunal  for  the  trial  of 
William  II  of  Hohenzollern  to  be  composed  of  five  judges 
appointed  one  each  by  the  United  States,  Great  Britain,  France, 
Italy  and  Japan ;  Clearing  Offices  to  be  established  by  each  of 
the  parties  to  the  treaty  for  the  collection  and  payment  of  en- 
emy debts ;  a  Mixed  Arbitral  Tribunal  to  be  established  between 
each  of  the  Allied  and  Associated  Powers  and  Germany,  com- 


INTERNATIONAL  GOVERNMENTAL  ESTABLISHMENTS  465 

posed  of  three  members;  a  General  Conference  of  Represen- 
tatives of  the  Members  of  the  League  of  Nations  for  the  con- 
sideration of  labor  problems;  and  an  International  Labor 
Office. 

Many  treaties  and  conventions,  more  or  less  general  in  char- 
acter, which  were  entered  into  prior  to  the  war,  are  recognized 
as  continuing  in  force,  while  others  are  abrogated  in  whole  or 
in  part.  The  treaties  made  during  the  war  with  Austria,  Hun- 
gary, Bulgaria  and  Turkey  are  abrogated,  as  also  are  all  treaties 
made  before  and  during  the  war  with  Russia  or  any  state  or 
government  of  which  the  territory  previously  formed  a  part  of 
Russia,  or  with  Roumania. 

Though  the  treaty  is  very  long  it  contains  little  needless 
verbiage.  The  great  number  of  parties  to  it,  the  multiplicity  of 
subjects  dealt  with,  and  more  than  all  the  fundamental  theories 
and  purposes  which  underlie  it,  require  elaboration  which  is 
unusual  in  peace  treaties.  In  order  to  gain  a  fair  understand- 
ing of  its  provisions  it  is  necessary  to  study  the  full  text.  No 
brief  summary  can  be  made  to  convey  a  clear  understanding  of 
the  many  matters  of  vast  and  continuing  importance  it  deals 
with.  It  recognizes  the  interest  of  each  nation  in  the  preserva- 
tion of  peace  throughout  the  world  and  that  henceforth  there 
can  be  no  such  thing  as  national  isolation.  It  condemns  war  as 
a  means  of  furthering  national  ambitions  and  provides  for  the 
punishment  of  those  who  have  violated  treaties  and  committed 
barbarities  which  are  condemned  by  the  laws  of  war.  Its  long 
stride  forward  is  not  made  by  recognition  of  moral  principles, 
by  provisions  for  punishments  and  restitution,  or  by  tying  the 
hands  of  the  power  that  instituted  the  war,  but  by  the  estab- 
lishment of  a  concert  of  all  the  powers  and  the  creation  of 
agencies  especially  charged  with  the  duty  of  discovering  the 
germs  of  war  and  taking  measures  to  prevent  their  growth  and 
fruition.  Just  conceptions  of  the  true  relations  of  states  to 
each  other  are  not  easily  given  application  at  the  conclusion  of 
a  war  of  such  character  and  magnitude,  but  the  admission  of 
Germany  and  its  allies  into  the  League  of  Nations  will  render 
it  possible  to  obtain  relief  from  whatever  of  unnecessary  harsh- 
ness may  be  found  in  the  terms  of  peace.  The  reparations  re- 


466  INTERNATIONAL  RELATIONS 

quired  from  Germany  are  far  less  than  would  be  required  of  a 
private  person  for  damages  resulting  from  his  wrongdoing  by 
any  court  of  law.  The  general  rule  everywhere  is  that  a  male- 
factor must  make  full  compensation  for  all  the  consequences  of 
his  wrongful  acts,  yet  the  evil  consequences  of  a  great  war  are 
incapable  of  measurement  or  adequate  compensation.  A  treaty 
of  peace  must  look  to  the  restoration  of  friendly  relations  and 
the  mutual  welfare  of  all.  By  joining  in  common  enterprises 
for  mutual  benefit,  by  looking  beyond  the  artificial  national 
entity  to  t^ie  mass  of  humanity  behind  it,  by  observance  of 
policies  and  principles  that  promote  the  material  interests  of 
all,  and  by  earnest  effort  to  find  and  apply  to  the  relations  of 
nations  to  each  other,  to  the  relations  of  the  people  of  different 
nations  to  each  other,  and  to  all  human  affairs,  the  true  prin- 
ciples ordained  by  the  Creator,  the  true  interests  of  each  nation 
and  of  its  people  will  be  subserved.  The  great  conventions 
considered  in  the  preceding  pages,  most  of  which  are  expressly 
confirmed  by  this  treaty,  evidence  the  growing  consciousness  of 
the  interdependence  of  nations.  This  treaty  and  the  Covenant 
of  the  League  of  Nations  with  which  it  opens  mark  a  great 
advance  in  world  organization,  yet  are  hardly  more  than  the 
initial  step  in  the  path  which  leads  to  permanent  peace  and 
universal  friendship  and  cooperation.  The  full  text  of  the 
treaty  follows. 


TREATY  OF  PEACE 

THE  UNITED  STATES  OF  AMERICA,  THE  BRITISH  EMPIRE, 
FRANCE,  ITALY  and  JAPAN, 

These  Powers  being  described  in  the  present  Treaty  as  the  Principal  Allied 
and  Associated  Powers, 

BELGIUM,  BOLIVIA,  BRAZIL,  CHINA,  CUBA,  ECUADOR,  GREECE, 
GUATEMALA,  HAITI,  THE  HEDJAZ,  HONDURAS,  LIBERIA,  NICA- 
RAGUA, PANAMA,  PERU,  -POLAND,  PORTUGAL,  ROUMANIA, 
THE  SERB-CROAT-SLOVENE  STATE,  SIAM,  CZECHO-SLOVAKIA 
and  URUGUAY, 

These  Powers  constituting  with  the  Principal  Powers  mentioned  above  the 
Allied  and  Associated  Powers, 

of  the  one  part ; 

And  GERMANY, 

of  the  other  part ; 

Bearing  in  mind  that  on  the  request  of  the  Imperial  German  Government 
an  Armistice  was  granted  on  November  II,  1918,  to  Germany  by  the  Principal 
Allied  and  Associated  Powers  in  order  that  a  Treaty  of  Peace  might  be  con- 
cluded with  her,  and 

The  Allied  and  Associated  Powers  being  equally  desirous  that  the  war  in 
which  they  were  successively  involved  directly  or  indirectly  and  which  origi- 
nated in  the  declaration  of  war  by  Austria-Hungary  on  July  28,  1914,  against 
Serbia,  the  declaration  of  war  by  Germany  against  Russia  on  August  I,  1914, 
and  against  France  on  August  3,  1914,  and  in  the  invasion  of  Belgium,  should 
be  replaced  by  a  firm,  just  and  durable  Peace, 

For  this  purpose  the  HIGH  CONTRACTING  PARTIES  represented  as 
follows : 

THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA,  by: 

The  Honourable  Woodrow  Wilson,   President  of  the  United  States, 

acting  in  his  own  name  and  by  his  own  proper  authority ; 
The  Honourable  Robert  Lansing,  Secretary  of  State ; 
The  Honourable  Henry  White,   formerly  Ambassador  Extraordinary 

and  Plenipotentiary  of  the  United  States  at  Rome  and  Paris ; 
The  Honourable  Edward  M.  House; 
General  Tasker  H.  Bliss,  Military  Representative  of  the  United  States 

on  the  Supreme  War  Council; 

HIS  MAJESTY  THE  KING  OF  THE  UNITED  KINGDOM  OF  GREAT 
BRITAIN  AND  IRELAND  AND  OF  THE  BRITISH  DOMINIONS 
BEYOND  THE  SEAS,  EMPEROR  OF  INDIA,  by: 


468  INTERNATIONAL   RELATIONS 

The  Right  Honourable  David  Lloyd  George,  M.  P.,  First  Lord  of  His 
Treasury  and  Prime  Minister ; 

The  Right  Honourable  Andrew  Bonar  Law,  M.  P.,  His  Lord  Privy 
Seal; 

The  Right  Honourable  Viscount  Milner,  G.  C.  B.,  G.  C.  M.  G.,  His 
Secretary  of  State  for  the  Colonies; 

The  Right  Honourable  Arthur  James  Balfour,  O.  M.,  M.  P.,  His  Secre- 
tary of  State  for  Foreign  Affairs; 

The  Right  Honourable  George  Nicoll  Barnes,  M.  P.,  Minister  without 

portfolio ; 
And 

for  the  DOMINION  of  CANADA,  by : 

The  Honourable  Charles  Joseph  Doherty,  Minister  of  Justice; 
The  Honourable  Arthur  Lewis  Sifton,  Minister  of  Customs; 

for  the  COMMONWEALTH  of  AUSTRALIA,  by : 

The  Right  Honourable  William  Morris  Hughes,  Attorney-General  and 

Prime  Minister; 

The  Right  Honourable  Sir  Joseph  Cook,  G.  C.  M.  G.,  Minister  for  the 
Navy; 

for  the  UNION  OF  SOUTH  AFRICA,  by : 

General  the  Right  Honourable  Louis  Botha,  Minister  of  Native  Affairs 

and  Prime  Minister; 

Lieutenant-General,  the  Right  Honourable  Jan  Christiaan  Smuts,  K.  C., 
Minister  of  Defence ; 

for  the  DOMINION  of  NEW  ZEALAND,  by : 

The  Right  Honourable  William  Ferguson  Massey,  Minister  of  Labour 
and  Prime  Minister; 

for  INDIA,  by : 

The  Right  Honourable  Edwin  Samuel  Montagu,  M.  P.,  His  Secretary 

of  State  for  India  ; 
Major-General  His    Highness    Maharaja    Sir    Ganga    Singh    Bahadur, 

Maharaja  of  Bikaner,  G.  C.  S.  I.,  G.  C.  I.  E.,  G.  C.  V.  O.,  K.  C.  B., 

A.  D.  C. ; 

THE  PRESIDENT  OF  THE  FRENCH  REPUBLIC,  by: 

Mr.  Georges  Clemenceau,  President  of  the  Council,  Minister  of  War ; 
Mr.  Stephen  Pichon,  Minister  for  Foreign  Affairs; 
Mr.  Louis-Lucien  Klotz,  Minister  of  Finance ; 

Mr.  Andre  Tardieu,  Commissary  General  for  Franco-American  Mili- 
tary Affairs  ; 
Mr.  Jules  Cambon,  Ambassador  of  France ; 

HIS  MAJESTY  THE  KING  OF  ITALY,  by: 
Baron  S.  Sonnino,  Deputy; 


TREATY   OF   PEACE  469 

Marquis  G.  Imperiali,  Senator,  Ambassador  of  His  Majesty  the  King 

of  Italy  at  London ; 
Mr.  S.  Crespi,  Deputy; 

HIS  MAJESTY  THE  EMPEROR  OF  JAPAN,  by; 

Marquis  Sa'ionzi,  formerly  President  of  the  Council  of  Ministers; 
Baron  Makino,  formerly  Minister  for  Foreign  Affiairs,  Member  of  the 

Diplomatic  Council ; 
Viscount  Chinda,  Ambassador  Extraordinary  and   Plenipotentiary  of 

H.  M.  the  Emperor  of  Japan  at  London; 
Mr.  K.  Matsui,  Ambassador  Extraordinary  and  Plenipotentiary  of  H. 

M.  the  Emperor  of  Japan  at  Paris ; 
Mr.  H.  Ijuin,  Ambassador  Extraordinary  and   Plenipotentiary  of  H. 

M.  the  Emperor  of  Japan  at  Rome; 

HIS  MAJESTY  THE  KING  OF  THE  BELGIANS,  by: 

Mr.  Paul  Hymans,  Minister  for  Foreign  Affairs,  Minister  of  State; 
Mr.  Jules  van  den  Heuvel,  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary, Minister  of  State; 
Mr.  Emile  Vandervelde,  Minister  of  Justice,  Minister  of  State; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  BOLIVIA,  by: 

Mr.  Ismael  Montes,  Envoy  Extraordinary  and  Minister  Plenipotentiary 
of  Bolivia  at  Paris ; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  BRAZIL,  by: 

Mr.  Joao  Pandia  Calogeras,  Deputy,  formerly  Minister  of  Finance; 
Mr.  Raul  Fernandes,  Deputy ; 

Mr.  Rodrigo  Octavio  de  L.  Menezes,  Professor  of  International  Law 
of  Rio  de  Janeiro; 

THE  PRESIDENT  OF  THE  CHINESE  REPUBLIC,  by : 
Mr.  Lou  Tseng-Tsiang,  Minister  for  Foreign  Affairs ; 
Mr.  Chengting  Thomas  Wang,  formerly  Minister  of  Agriculture  and 
Commerce ; 

THE  PRESIDENT  OF  THE  CUBAN  REPUBLIC,  by : 

Mr.  Antonio  Sanchez  de  Bustamante,  Dean  of  the  Faculty  of  Law  in 
the  University  of  Havana,  President  of  the  Cuban  Society  of  Interna- 
tional Law; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  ECUADOR,  by: 

Mr.  Enrique  Dorn  y  de  Alsiia,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  Ecuador  at  Paris; 

HIS  MAJESTY  THE  KING  OF  THE  HELLENES,  by: 

Mr.  Eleftherios  K.  Veniselos,  President  of  the  Council  of  Ministers ; 
Mr.  Nicolas  Politis,  Minister  for  Foreign  Affairs ; 


4/o 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  GUATEMALA,  by : 

Mr.  Joaquin  Mendez,  formerly  Minister  of  State  for  Public  Works  and 
Public  Instruction,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  Guatemala  at  Washington,  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  on  special  mission  at  Paris; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  HAITI,  by: 

Mr.  Tertullien  Guilbaud,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  Haiti  at  Paris; 

HIS  MAJESTY  THE  KING  OF  THE  HEDJAZ,  by: 
Mr.  Rustem  Haidar; 
Mr.  Abdul  Hadi  Aouni; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  HONDURAS,  by: 

Dr.  Policarpo  Bonilla,  on  special  mission  to  Washington,  formerly 
President  of  the  Republic  of  Honduras,  Envoy  Extraordinary  and 
Minister  Plenipotentiary ; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  LIBERIA,  by : 

The  Honourable  Charles  Dunbar  Burgess  King,  Secretary  of  State ; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  NICARAGUA,  by : 

Mr.  Salvador  Chamorro,  President  of  the  Chamber  of  Deputies; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  PANAMA,  by : 

Mr.  Antonio  Burgos,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  Panama  at  Madrid ; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  PERU,  by : 

Mr.  Carlos  G.  Candamo,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  Peru  at  Paris ; 

THE  PRESIDENT  OF  THE  POLISH  REPUBLIC,  by : 

Mr.  Ignace  J.  Paderewski,  President  of  the  Council  of  Ministers,  Min- 
ister for  Foreign  Affairs ; 
Mr.  Roman  Dmowski,  President  of  the  Polish  National  Committee ; 

THE  PRESIDENT  OF  THE  PORTUGUESE  REPUBLIC,  by : 

Dr.  Affonso  Augusto  da  Costa,  formerly  President  of  the  Council  of 

Ministers ; 
Dr.  Augusto  Luiz  Vieira  Scares,  formerly  Minister  for  Foreign  Affairs ; 

HIS  MAJESTY  THE  KING  OF  ROUMANIA,  by: 

Mr.  Ion  I.  C.  Bratiano,  President  of  the  Council  of  Ministers,  Minister 

for  Foreign  Affairs; 
General  Constantin  Coanda,  Corps  Commander,  A.  D.  C.  to  the  King, 

formerly  President  of  the  Council  of  Ministers ; 

HIS  MAJESTY  THE  KING  OF  THE  SERBS,  THE  CROATS,  AND 
THE  SLOVENES,  by: 

Mr.  Nicolas  P.  Pachitch,  formerly  President  of  the  Council  of  Min- 
isters ; 


TREATY   OF   PEACE  471 

Mr.  Ante  Trumbic,  Minister  for  Foreign  Affairs; 
Mr.  Milenko  Vesnitch,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  H.  M.  the  King  of  the  Serbs,  the  Croats  and  the  Slovenes 
at  Paris ; 

HIS  MAJESTY  THE  KING  OF  SIAM,  by: 

His    Highness   Prince    Charoon,    Envoy   Extraordinary   and    Minister 

Plenipotentiary  of  H.  M.  the  King  of  Siam  at  Paris; 
His  Serene  Highness  Prince  Traidos  Prabandhu,  Under  Secretary  of 

State  for  Foreign  Affairs ; 

THE  PRESIDENT  OF  THE  CZECHO-SLOVAK  REPUBLIC,  by: 
Mr.  Karel  Krantar,  President  of  the  Council  of  Ministers; 
Mr.  Eduard  Benes,  Minister  for  Foreign  Affairs; 

THE  PRESIDENT  OF  THE  REPUBLIC  OF  URUGUAY,  by : 

Mr.  Juna  Antonio  Buero,  Minister  for  Foreign  Affairs,  formerly  Min- 
ister of  Industry; 

GERMANY,  by : 

Mr.  Hermann  Miiller,  Minister  for  Foreign  Affairs  of  the  Empire; 
Dr.  Bell,  Minister  of  the  Empire; 

Acting  in  the  name  of  the  German  Empire  and  of  each  and  every  compon- 
ent State, 

WHO  having  communicated  their  full  powers  found  in  good  and  due  form 
have  AGREED  AS  FOLLOWS : 

From  the  coming  into  force  of  the  present  Treaty  the  state  of  war  will 
terminate.  From  that  moment  and  subject  to  the  provisions  of  this  Treaty 
official  relations  with  Germany,  and  with  any  of  the  German  States,  will  be 
resumed  by  the  Allied  and  Associated  Powers. 


PART  I. 


THE  COVENANT  OF  THE  LEAGUE  OF  NATIONS. 


THE  HIGH  CONTRACTING  PARTIES, 

In  order  to  promote  international  co-operation  and  to  achieve  international 
peace  and  security 

by  the  acceptance  of  obligations  not  to  resort  to  war, 
by  the  prescription  of  open,  just  and  honourable  relations  between  nations, 
by  the  firm  establishment  of  the  understandings  of  international  law  as 
the  actual  rule  of  conduct  among  Governments,  and  by  the  maintenance 
of  justice  and  a  scrupulous  respect  for  all  treaty  obligations  in  the  deal- 
ings of  organised  peoples  with  one  another, 
Agree  to  this  Covenant  of  the  League  of  Nations. 


472  INTERNATIONAL   RELATIONS 

ARTICLE  i. 

The  original  Members  of  the  League  of  Nations  shall  be  those  of  the  Sig- 
natories which  are  named  in  the  Annex  to  this  Covenant  and  also  such  of 
those  other  States  named  in  the  Annex  as  shall  accede  without  reservation 
to  this  Covenant.  Such  accession  shall  be  affected  by  a  Declaration  deposited 
with  the  Secretariat  within  two  months  of  the  coming  into  force  of  the  Cove- 
nant. Notice  thereof  shall  be  sent  to  all  other  Members  of  the  League. 

Any  fully  self-governing  State,  Dominion  or  Colony  not  jtamed  in  the 
Annex  may  become  a  Member  of  the  League  if  its  admission  is  agreed  to  by 
two-thirds  of  the  Assembly,  provided  that  it  shall  give  effective  guarantees  of 
its  sincere  intention  to  observe  its  international  obligations,  and  shall  accept 
such  regulations  as  may  be  prescribed  by  the  League  in  regard  to  its  military, 
naval  and  air  forces  and  armaments. 

Any  Member  of  the  League,  may,  after  two  years'  notice  of  its  intention 
so  to  do,  withdraw  from  the  League,  provided  that  all  its  international  obliga- 
tions and  all  its  obligations  under  this  Covenant  shall  have  been  fulfilled  at  the 
time  of  its  withdrawal. 

ARTICLE  2. 

The  action  of  the  League  under  this  Covenant  shall  be  effected  through  .the 
instrumentality  of  an  Assembly  and  of  a  Council,  with  a  permanent  Secre- 
tariat. 

ARTICLE  3. 

The  Assembly  shall  consist  of  Representatives  of  the  Members  of  the 
League. 

The  Assembly  shall  meet  at  stated  intervals  and  from  time  to  time  as 
occasion  may  require  at  the  Seat  of  the  League  or  at  such  other  place  as  may 
be  decided  upon. 

The  Assembly  may  deal  at  its  meetings  with  any  matter  within  the  sphere 
of  action  of  the  League  or  affecting  the  peace  of  the  world. 

At  meetings  of  the  Assembly  each  Member  of  the  League  shall  have  one 
vote,  and  may  have  not  more  than  three  Representatives. 

ARTICLE  4. 

The  Council  shall  consist  of  Representatives  of  the  Principal  Allied  and 
Associated  Powers,  together  with  Representatives  of  four  other  Members 
of  the  League.  These  four  Members  of  the  League  shall  be  selected  by  the 
Assembly  from  time  to  time  in  its  discretion.  Until  the  appointment  of  the 
Representatives  of  the  four  Members  of  the  League  first  selected  by  the 
Assembly,  Representatives  of  Belgium,  Brazil,  Spain  and  Greece  shall  be 
members  of  the  Council. 

With  the  approval  of  the  majority  of  the  Assembly,  the  Council  may  name 
additional  Members  of  the  League  whose  Representatives  shall  always  be 
members  of  the  Council;  the  Council  with  like  approval  may  increase  the 


TREATY   OF   PEACE  473 

number  of  Members  of  the  League  to  be  selected  by  the  Assembly  for  repre- 
sentation on  the  Council. 

The  Council  shall  meet  from  time  to  time  as  occasion  may  require,  and  at 
least  once  a  year,  at  the  Seat  of  the  League,  or  at  such  other  place  as  may 
be  decided  upon. 

The  Council  may  deal  at  its  meetings  with  any  matter  within  the  sphere  of 
action  of  the  League  or  affecting  the  peace  of  the  world. 

Any  Member  of  the  League  not  represented  on  the  Council  shall  be  invited 
to  send  a  Representative  to  sit  as  a  member  at  any  meeting  of  the  Council 
during  the  consideration  of  matters  specially  affecting  the  interests  of  that 
Member  of  the  League. 

At  meetings  of  the  Council,  each  Member  of  the  League  represented  on  the 
Council  shall  have  one  vote,  and  may  have  not  more  than  one  Representative. 

ARTICLE  5 

Except  where  otherwise  expressly  pro-vided  in  this  Covenant  or  by  the 
terms  of  the  present  Treaty,  decisions  at  any  meeting  of  the  Assembly  or  of 
the  Council  shall  require  the  agreement  of  all  the  Members  of  the  League 
represented  at  the  meeting. 

All  matters  of  procedure  at  meetings  of  the  Assembly  or  of  the  Council, 
including  the  appointment  of  Committees  to  investigate  particular  matters, 
shall  be  regulated  by  the  Assembly  or  by  the  Council  and  may  be  decided  by 
a  majority  of  the  Members  of  the  League  represented  at  the  meeting. 

The  first  meeting  of  the  Assembly  and  the  first  meeting  of  the  Council  shall 
be  summoned  by  the  President  of  the  United  States  of  America. 

ARTICLE  6. 

The  permanent  Secretariat  shall  be  established  at  the  Seat  of  the  League. 
The  Secretariat  shall  comprise  a  Secretary  General  and  such  secretaries  and 
staff  as  may  be  required. 

The  first  Secretary  General  shall  be  the  person  named  in  the  Annex ; 
thereafter  the  Secretary  General  shall  be  appointed  by  the  Council  with  the 
approval  of  the  majority  of  the  Assembly. 

The  secretaries  and  staff  of  the  Secretariat  shall  be  appointed  by  the 
Secretary  General  with  the  approval  of  the  Council. 

The  Secretary  General  shall  act  in  that  capacity  at  all  meetings  of  the 
Assembly  and  of  the  Council. 

The  expenses  of  the  Secretariat  shall  be  borne  by  the  Members  of  the 
League  in  accordance  with  the  apportionment  of  the  expenses  of  the 
International  Bureau  of  the  Universal  Postal  Union. 

ARTICLE  7. 

The  Seat  of  the  League  is  established  at  Geneva. 

The  Council  may  at  any  time  decide  that  the  Seat  of  the  League  shall  be 
established  elsewhere. 


474 

All  positions  under  or  in  connection  with  the  League,  including  the 
Secretariat,  shall  be  open  equally  to  men  and  women. 

Representatives  of  the  Members  of  the  League  and  officials  of  the  League 
when  engaged  on  the  business  of  the  League  shall  enjoy  diplomatic  privileges 
and  immunities. 

The  buildings  and  other  property  occupied  by  the  League  or  its  officials 
or  by  Representatives  attending  its  meetings  shall  be  inviolable. 

ARTICLE  8. 

The  Members  of  the  League  recognise  that  the  maintenance  of  peace 
requires  the  reduction  of  national  armaments  to  the  lowest  point  consistent 
with  national  safety  and  the  enforcement  by  common  action  of  international 
obligations. 

The  Council,  taking  account  of  the  geographical  situation  and  circumstances 
of  each  State,  shall  formulate  plans  for  such  reduction  for  the  consideration 
and  action  of  the  several  Governments. 

Such  plans  shall  be  subject  to  reconsideration  and  revision  at  least  every  ten 
years. 

After  these  plans  shall  have  been  adopted  by  the  several  Governments,  the 
limits  of  armaments  therein  fixed  shall  not  be  exceeded  without  the  con- 
currence of  the  Council. 

The  Members  of  the  League  agree  that  the  manufacture  by  private  enter- 
prise of  munitions  and  implements  of  war  is  open  to  grave  objections.  The 
Council  shall  advise  how  the  evil  effects  attendant  upon  such  manufacture  can 
be  prevented,  due  regard  being  had  to  the  necessities  of  those  Members  of 
the  League  which  are  not  able  to  manufacture  the  munitions  and  implements 
of  war  necessary  for  their  safety. 

The  Members  of  the  League  undertake  to  interchange  full  and  frank  in- 
formation as  to  the  scale  of  their  armaments,  their  military,  naval  and  air 
programmes  and  the  condition  of  such  of  their  industries  as  are  adaptable 
to  war-like  purposes. 

ARTICLE  9. 

A  permanent  Commission  shall  be  constituted  to  advise  the  Council  on  th*. 
execution  of  the  provisions  of  Articles  I  and  8  and  on  military,  naval  and 
air  questions  generally. 

ARTICLE  10. 

The  Members  of  the  League  undertake  to  respect  and  preserve  as  against 
external  aggression  the  territorial  integrity  and  existing  political  independ- 
ence of  all  Members  of  the  League.  In  case  of  any  such  aggression  or  in 
case  of  any  threat  or  danger  of  such  aggression  the  Council  shall  advise  upon 
the  means  by  which  this  obligation  shall  be  fulfilled. 

ARTICLE  n. 

Any  war  or  threat  of  war,  whether  immediately  affecting  any  of  the 
Members  of  the  League  or  not,  is  hereby  declared  a  matter  of  concern 


TREATY    OF   PEACE  475 

to  the  whole  League,  and  the  League  shall  take  any  action  that  may  be 
deemed  wise  and  effectual  to  safeguard  the  peace  of  nations.  In  case  any 
such  emergency  should  arise  the  Secretary  General  shall  on  the  request  of 
any  Member  of  the  League  forthwith  summon  a  meeting  of  the  Council. 

It  is  also  declared  to  be  the  friendly  right  of  each  Member  of  the  League 
to  bring  to  the  attention  of  the  Assembly  or  of  the  Council  any  circumstance 
whatever  affecting  international  relations  which  threatens  to  disturb  inter- 
national peace  or  the  good  understanding  between  nations  upon  which  peace 
depends. 

ARTICLE  12. 

The  Members  of  the  League  agree  that  if  there  should  arise  between  them 
any  dispute  likely  to  lead  to  a  rupture,  they  will  submit  the  matter  either  to 
arbitration  or  to  inquiry  by  the  Council,  and  they  agree  in  no  case  to  resort 
to  war  until  three  months  after  the  award  by  the  arbitrators  or  the  report 
by  the  Council. 

In  any  case  under  this  Article  the  award  of  the  arbitrators  shall  be  made 
within  a  reasonable  time,  and  the  report  of  the  Council  shall  be  made  within 
six  months  after  the  submission  of  the  dispute. 

ARTICLE  13. 

The  Members  of  the  League  agree  that  whenever  any  dispute  shall  arise 
between  them  which  they  recognise  to  be  suitable  for  submission  to  arbi- 
tration and  which  cannot  be  satisfactorily  settled  by  diplomacy,  they  will 
submit  the  whole  subject-matter  to  arbitration. 

Disputes  as  to  the  interpretation  of  a  treaty,  as  to  any  question  of  inter- 
national law,  as  to  the  existence  of  any  fact  which  if  established  would 
constitute  a  breach  of  any  international  obligation,  or  as  to  the  extent  and 
nature  of  the  reparation  to  be  made  for  any  such  breach,  are  declared  to  be 
among  those  which  are  generally  suitable  for  submission  to  arbitration. 

For  the  consideration  of  any  such  dispute  the  court  of  arbitration  to  which 
the  case  is  referred  shall  be  the  Court  agreed  on  by  the  parties  to  the  dis- 
pute or  stipulated  in  any  convention  existing  between  them. 

The  members  of  the  League  agree  that  they  will  carry  out  in  full  good 
faith  any  award  that  may  be  rendered,  and  that  they  will  not  resort  to  war 
against  a  Member  of  the  League  which  complies  therewith.  In  the  event  of 
any  failure  to  carry  out  such  an  award,  the  Council  shall  propose  what  steps 
should  be  taken  to  give  effect  thereto. 

ARTICLE  14. 

The  Council  shall  formulate  and  submit  to  the  Members  of  the  League 
for  adoption  plans  for  the  establishment  of  a  Permanent  Court  of  Interna- 
tional Justice.  The  Court  shall  be  competent  to  hear  and  determine  any  dis- 
pute of  an  international  character  which  the  parties  thereto  submit  to  it.  The 
Court  may  also  give  an  advisory  opinion  upon  any  dispute  or  question  re- 
ferred to  it  by  the  Council  or  by  the  Assembly. 


476  INTERNATIONAL   RELATIONS 

ARTICLE  15. 

If  there  should  arise  between  Members  of  the  League  any  dispute  likely  to 
lead  to  a  rupture,  which  is  not  submitted  to  arbitration  in  accordance  with 
Article  13,  the  Members  of  the  League  agree  that  they  will  submit  the  matter 
to  the  Council.  Any  party  to  the  dispute  may  effect  such  submission  by  giv- 
ing notice  of  the  existence  of  the  dispute  to  the  Secretary  General,  who  will 
make  all  necessary  arrangements  for  a  full  investigation  and  consideration 
thereof. 

For  this  purpose  the  parties  to  the  dispute  will  communicate  to  the  Secre- 
tary General,  as  promptly  as  possible,  statements  of  their  case  with  all  the 
relevant  facts  and  papers,  and  the  Council  may  forthwith  direct  the  publica- 
tion thereof. 

The  Council  shall  endeavour  to  effect  a  settlement  of  the  dispute,  and  if 
such  efforts  are  successful,  a  statement  shall  be  made  public  giving  such  facts 
and  explanations  regarding  the  dispute  and  the  terms  of  settlement  thereof 
as  the  Council  may  deem  appropriate. 

If  the  dispute  is  not  thus  settled,  the  Council  either  unanimously  or  by  a 
majority  vote  shall  make  and  publish  a  report  containing  a  statement  of  the 
facts  of  the  dispute  and  the  recommendations  which  are  deemed  just  and 
proper  in  regard  thereto. 

Any  Member  of  the  League  represented  on  the  Council  may  make  public  a 
statement  of  the  facts  of  the  dispute  and  of  its  conclusions  regarding  the 
same. 

If  a  report  by  the  Council  is  unanimously  agreed  to  by  the  members  thereof 
other  than  the  Representatives  of  one  or  more  of  the  parties  to  the  dispute, 
the  Members  of  the  League  agree  that  they  will  not  go  to  war  with  any 
party  to  the  dispute  which  complies  with  the  recommendations  of  the  report. 

If  the  Council  fails  to  reach  a  report  which  is  unanimously  agreed  to  by 
the  members  thereof,  other  than  the  Representatives  of  one  or  more  of  the 
parties  to  the  dispute,  the  Members  of  the  League  reserve  to  themselves  the 
right  to  take  such  action  as  they  shall  consider  necessary  for  the  maintenance 
of  right  and  justice. 

If  the  dispute  between  the  parties  is  claimed  by  one  of  them,  and  is  found 
by  the  Council,  to  arise  out  of  a  matter  which  by  international  law  is  solely 
within  the  domestic  jurisdiction  of  that  party,  the  Council  shall  so  report, 
and  shall  make  no  recommendation  as  to  its  settlement. 

The  Council  may  in  any  case  under  this  Article  refer  the  dispute  to  the 
Assembly.  The  dispute  shall  be  so  referred  at  the  request  of  either  party  to 
the  dispute,  provided  that  such  request  be  made  within  fourteen  days  after 
the  submission  of  the  dispute  to  the  Council. 

In  any  case  referred  to  the  Assembly,  all  the  provisions  of  this  Article 
and  of  Article  12  relating  to  the  action  and  powers  of  the  Council  shall  apply 
to  the  action  and  powers  of  the  Assembly,  provided  that  a  report  made  by 
the  Assembly,  if  concurred  in  by  the  Representatives  of  those  Members  of 
the  League  represented  on  the  Council  and  of  a  majority  of  the  other  Mem- 


TREATY    OF    PEACE  477 

bers  of  the  League,  exclusive  in  each  case  of  the  Representatives  of  the 
parties  to  the  dispute,  shall  have  the  same  force  as  a  report  by  the  Council 
concurred  in  by  all  the  members  thereof  other  than  the  Representatives  of 
one  or  more  of  the  parties  to  the  dispute. 

ARTICLE  16. 

Should  any  Member  of  the  League  resort  to  war  in  disregard  of  its  cove- 
nants under  Articles  12,  13  or  15,  it  shall  ipso  facto  be  deemed  to  have  com- 
mitted an  act  of  war  against  all  other  Members  of  the  League,  which  hereby 
undertake  immediately  to  subject  it  to  the  severance  of  all  trade  or  financial 
relations,  the  prohibition  of  all  intercourse  between  their  nationals  and  the 
nationals  of  the  covenant-breaking  State,  and  the  prevention  of  all  financial, 
commercial  or  personal  intercourse  between  the  nationals  of  the  covenant- 
breaking  State  and  the  nationals  of  any  other  State,  whether  a  Member  of 
the  League  or  not. 

It  shall  be  the  duty  of  the  Council  in  such  case  to  recommend  to  the  several 
Governments  concerned  what  effective  military,  naval  or  air  force  the  Mem- 
bers of  the  League  shall  severally  contribute  to  the  armed  forces  to  be  used 
to  protect  the  covenant  of  the  League. 

The  Members  of  the  League  agree,  further,  that  they  will  mutually  sup- 
port one  another  in  the  financial  and  economic  measures  which  are  taken 
under  this  Article,  in  order  to  minimise  the  loss  and  inconvenience  resulting 
from  the  above  measures,  and  that  they  will  mutually  support  one  another  in 
resisting  any  special  measures  aimed  at  one  of  their  number  by  the  covenant- 
breaking  State,  and  that  they  will  take  the  necessary  steps  to  afford  passage 
through  their  territory  to  the  forces  of  any  of  the  Members  of  the  League 
which  are  co-operating  to  protect  the  covenants  of  the  League. 

Any  member  of  the  League  which  has  violated  any  covenant  of  the  League 
may  be  declared  to  be  no  longer  a  Member  of  the  League  by  a  vote  of  the 
Council  concurred  in  by  the  Representatives  of  all  the  other  Members  of  the 
League  represented  thereon. 

ARTICLE  17. 

In  the  event  of  a  dispute  between  a  Member  of  the  League  and  a  State 
which  is  not  a  Member  of  the  League,  or  between  States  not  Members 
of  the  League,  the  State  or  States  not  Members  of  the  League  shall  be  invited 
to  accept  the  obligations  of  membership  in  the  League  for  the  purposes  of 
such  dispute,  upon  such  conditions  as  the  Council  may  deem  just.  If  such 
invitation  is  accepted  the  provisions  of  Articles  12  to  16  inclusive  shall  be  ap- 
plied with  such  modifications  as  may  be  deemed  necessary  by  the  Council. 

Upon  such  invitation  being  given  the  Council  shall  immediately  institute 
an  inquiry  into  the  circumstances  of  the  dispute  and  recommend  such  action 
as  may  seem  best  and  most  effectual  in  the  circumstances. 

If  a  State  so  invited  shall  refuse  to  accept  the  obligations  of  membership 
in  the  League  for  the  purposes  of  such  dispute,  and  shall  resort  to  war 


478  INTERNATIONAL   RELATIONS 

against   a    Member   of   the   League,   the   provisions   of    Article    16   shall    be 
applicable  as  against  the  State  taking  such  action. 

If  both  parties  to  the  dispute  when  so  invited  refuse  to  accept  the  obliga- 
tions of  membership  in  the  League  for  the  purposes  of  such  dispute,  the 
Council  may  take  such  measures  and  make  such  recommendations  as  will 
prevent  hostilities  and  will  result  in  the  settlement  of  the  dispute. 

ARTICLE  18. 

Every  treaty  or  international  engagement  entered  into  hereafter  by  any 
Member  of  the  League  shall  be  forthwith  registered  with  the  Secretariat  and 
shall  as  soon  as  possible  be  published  by  it.  No  such  treaty  or  international 
engagement  shall  be  binding  until  so  registered. 

ARTICLE  19- 

The  Assembly  may  from  time  to  time  advise  the  reconsideration  by 
Members  of  the  League  of  treaties  which  have  become  inapplicable  and  the 
consideration  of  international  conditions  whose  continuance  might  endanger 
the  peace  of  the  world. 

ARTICLE  20. 

The  Members  of  the  League  severally  agree  that  this  Covenant  is  accepted 
as  abrogating  all  obligations  or  understandings  inter  se  which  are  inconsistent 
with  the  terms  thereof,  and  solemnly  undertake  that  they  will  not  hereafter 
enter  into  any  engagements  inconsistent  with  the  terms  thereof. 

In  case  any  Member  of  the  League  shall,  before  becoming  a  Member  of  the 
League,  have  undertaken  any  obligations  inconsistent  with  the  terms  of  this 
Covenant,  it  shall  be  the  duty  of  such  Member  to  take  immediate  steps  to 
procure  its  release  from  such  obligations. 

ARTICLE  21. 

Nothing  in  this  Covenant  shall  be  deemed  to  affect  the  validity  of  inter- 
national engagements,  such  as  treaties  of  arbitration  or  regional  understand- 
ings like  the  Monroe  doctrine,  for  securing  the  maintenance  of  peace. 

ARTICLE  22. 

To  those  colonies  and  territories  which  as  a  consequence  of  the  late  war 
have  ceased  to  be  under  the  sovereignty  of  the  States  which  formerly  gov- 
erned them  and  which  are  inhabited  by  peoples  not  yet  able  to  stand  by  them- 
selves under  the  strenuous  conditions  of  the  modern  world,  there  should  be 
applied  the  principle  that  the  well-being  and  development  of  such  peoples 
form  a  sacred  trust  of  civilisation  and  that  securities  for  the  performance 
of  this  trust  should  be  embodied  in  this  Covenant. 

The  best  method  of  giving  practical  effect  to  this  principle  is  that  the 
tutelage  of  such  peoples  should  be  entrusted  to  advanced  nations  who  by 


TREATY   OF   PEACE  479 

reason  of  their  resources,  their  experience  or  their  geographical  position  can 
best  undertake  this  responsibility,  and  who  are  willing  to  accept  it,  and  that 
this  tutelage  should  be  exercised  by  them  as  Mandatories  on  behalf  of  the 
League. 

The  character  of  the  mandate  must  differ  according  to  the  stage  of  the 
development  of  the  people,  the  geographical  situation  of  the  territory,  its 
economic  conditions  and  other  similar  circumstances. 

Certain  communities  formerly  belonging  to  the  Turkish  Empire  have 
reached  a  stage  of  development  where  their  existence  as  independent  nations 
can  be  provisionally  recognised  subject  to  the  rendering  of  administrative 
advice  and  assistance  by  a  Mandatory  until  such  time  as  they  are  able  to 
stand  alone.  The  wishes  of  these  communities  must  be  a  principal  consider- 
ation in  the  selection  of  the  Mandatory. 

Other  peoples,  especially  those  of  Central  Africa,  are  at  such  a  stage  that 
the  Mandatory  must  be  responsible  for  the  administration  of  the  territory 
under  conditions  which  will  guarantee  freedom  of  conscience  and  religion, 
subject  only  to  the  maintenance  of  public  order  and  morals,  the  prohibition 
of  abuses  such  as  the  slave  trade,  the  arms  traffic  and  the  liqupr  traffic,  and 
the  prevention  of  the  establishment  of  fortifications  or  military  and  naval 
bases  and  of  military  training  of  the  natives  for  other  than  police  purposes 
and  the  defence  of  territory,  and  will  also  secure  equal  opportunities  for  the 
trade  and  commerce  of  other  Members  of  the  League. 

There  are  territories,  such  as  South- West  Africa  and  certain  of  the  South 
Pacific  Islands,  which,  owing  to  the  sparseness  of  their  population,  or  their 
small  size,  or  their  remoteness  from  the  centres  of  civilisation,  or  their 
geographical  contiguity  to  the  territory  of  the  Mandatory,  and  other  cir- 
cumstances, can  be  best  administered  under  the  laws  of  the  Mandatory  as 
integral  portions  of  its  territory,  subject  to  the  safeguards  above  mentioned 
in  the  interests  of  the  indigenous  population. 

In  every  case  of  mandate,  the  Mandatory  shall  render  to  the  Council  an 
annual  report  in  reference  to  the  territory  committed  to  its  charge. 

The  degree  of  authority,  control,  or  administration  to  be  exercised  by  the 
Mandatory  shall,  if  not  previously  agreed  upon  by  the  Members  of  the 
League,  be  explicitly  defined  in  each  case  by  the  Council. 

A  permanent  Commission  shall  be  constituted  to  receive  and  examine  the 
annual  reports  of  the  Mandatories  and  to  advise  the  Council  on  all  matters 
relating  to  the  observance  of  the  mandates. 

ARTICLE  23. 

Subject  to  and  in  accordance  with  the  provisions  of   international   con- 
ventions existing  or  hereafter  to  be  agreed  upon,  the  Members  of  the  League: 
(a)  will  endeavour  to  secure  and  maintain  fair  and  humane  conditions 
of  labour  for  men,  women  and  children,  both  in  their  own  coun- 
tries and  in  all  countries  to  which  their  commercial  and  industrial 
relations  extend,  and  for  that  purpose  will  establish  and  maintain 
the  necessary  international  organisation; 


480  INTERNATIONAL   RELATIONS 

(b)  undertake    to   secure   just   treatment   of   the   native    inhabitants   of 

territories  under  their  control ; 

(c)  will  entrust  the  League  with  the  general  supervision  over  the  execu- 

tion of  agreements  with  regard  to  the  traffic  in  women  and 
children,  and  the  traffic  in  opium  and  other  dangerous  drugs ; 

(d)  will  entrust  the  League  with  the  general  supervision  of  the  trade 

in  arms  and  ammunition  with  the  countries  in  which  the  control 
of  this  traffic  is  necessary  in  the  common  interest ; 

(e)  will  make  provision  to  secure  and  maintain  freedom  of  communica- 

tions and  of  transit  and  equitable  treatment  for  the  commerce  of 
all  Members  of  the  League.  In  this  connection,  the  special  neces- 
sities of  the  regions  devastated  during  the  war  of  1914-1918  shall 
be  borne  in  mind; 

(/)   will  endeavour  to  take  steps  in  matters  of  international  concern  for 
the  prevention  and  control  of  disease. 

ARTICLE  24. 

There  shall  be  placed  under  the  direction  of  the  League  all  international 
bureaux  already  established  by  general  treaties  if  the  parties  to  such  treaties 
consent.  All  such  international  bureaux  and  all  commissions  for  the  regula- 
tion of  matters  of  international  interest  hereafter  constituted  shall  be  placed 
under  the  direction  of  the  League. 

In  all  matters  of  international  interest  which  are  regulated  by  general 
conventions  but  which  are  not  placed  under  the  control  of  international 
bureaux  or  commissions,  the  Secretariat  of  the  League  shall,  subject  to  the 
consent  of  the  Council  and  if  desired  by  the  parties,  collect  and  distribute 
all  relevant  information  and  shall  render  any  other  assistance  which  may  be 
necessary  or  desirable. 

The  Council  may  include  as  part  of  the  expenses  of  the  Secretariat  the 
expenses  of  any  bureau  or  commission  which  is  placed  under  the  direction  of 
the  League. 

ARTICLE  25. 

The  Members  of  the  League  agree  to  encourage  and  promote  the  estab- 
lishment and  co-operation  of  duly  authorised  voluntary  national  Red  Cross 
organizations  having  as  purposes  the  improvement  of  health,  the  prevention 
of  disease  and  the  mitigation  of  suffering  throughout  the  world. 

ARTICLE  26. 

Amendments  to  this  Covenant  will  take  effect  when  ratified  by  the  Mem- 
bers of  the  League  whose  Representatives  compose  the  Council  and  by  a 
majority  of  the  Members  of  the  League  whose  Representatives  compose  the 
Assembly. 

No  such  amendment  shall  bind  any  Member  of  the  League  which  signifies 
its  dissent  therefrom,  but  in  that  case  it  shall  cease  to  be  a  Member  of  the 
League. 


TREATY   OF   PEACE  481 

ANNEX. 


I.  ORIGINAL   MEMBERS  OF  THE  LEAGUE  OF  NATIONS   SIGNATORIES   OF  THE  TREATY 

OF  PEACE. 

UNITED  STATES  OF  AMERICA.  HAITI. 

BELGIUM.  HEDJAZ. 

BOLIVIA.  HONDURAS. 

BRAZIL.  ITALY. 

BRITISH  EMPIRE.  JAPAN. 

CANADA.  LIBERIA. 

AUSTRALIA.  NICARAGUA. 

SOUTH  AFRICA.  PANAMA. 

NEW  ZEALAND.  PERU. 

INDIA.  POLAND. 

CHINA.  PORTUGAL. 

CUBA.  ROUMANIA. 

ECUADOR.  SERB-CROAT-SLOVENE  STATE. 

FRANCE.  SIAM. 

GREECE.  CZECHO- SLOVAKIA. 

GUATEMALA.  URUGUAY. 

STATES  INVITED  TO  ACCEDE  TO  THE  COVENANT. 

ARGENTINE  REPUBLIC.  PERSIA. 
CHILL                                                     '    SALVADOR. 

COLOMBIA.  SPAIN. 

DENMARK.  SWEDEN. 

NETHERLANDS.  SWITZERLAND. 

NORWAY.  VENEZUELA. 
PARAGUAY. 

II.  FIRST  SECRETARY  GENERAL  OF  THE  LEAGUE  OF  NATIONS. 
The  Honourable  Sir  James  Eric  DrumnTond,  K.  C.  M.  G.,  C.  B. 

PART  II. 
BOUNDARIES  OF  GERMANY. 


ARTICLE  27. 

The  boundaries  of  Germany  will  be  determined  as  follows : 
I.  With  Belgium: 

From  the  point  common  to  the  three  frontiers  of  Belgium,  Holland  and 
Germany  and  in  a  southerly  direction: 

the  north-eastern  boundary  of  the  former  territory  of  neutral  Moresnct, 


482 

then  the  eastern  boundary  of  the  Kreis  of  Eupen,  then  the  frontier  between 
Belgium  and  the  Kreis  of  Montjoie,  then  the  north-eastern  and  eastern 
boundary  of  the  Kreis  of  Malmedy  to  its  junction  with  the  frontier  of 
Luxemburg. 

2.  With  Luxemburg: 

The  frontier  of  August  3,  1914,  to  its  junction  with  the  frontier  of  France 
of  the  i8th  July,  1870. 

3.  With  France: 

The  frontier  of  July  18,  1870,  from  Luxemburg  to  Switzerland  with  the 
reservations  made  in  Article  48  of  Section  IV  (Saar  Basin)  of  Part  III. 

4.  With  Switzerland: 
The  present  frontier. 

5.  With  Austria: 

The  frontier  of  August  3,  1914,  from  Switzerland  to  Czecho-Slovakia  as 
hereinafter  defined. 

6.  With  Czecho-Slovakia: 

The  frontier  of  August  3,  1914,  between  Germany  and  Austria  from  its 
junction  with  the  old  administrative  boundary  separating  Bohemia  and  the 
province  of  Upper  Austria  to  the  point  north  of  the  salient  of  the  old 
province  of  Austrian  Silesia  situated  at  about  8  kilometres  east  of  Neustadt. 

7.  With  Poland: 

From  the  point  defined  above  to  a  point  to  be  fixed  on  the  ground  about  2 
kilometres  east  of  Lorzendorf : 

the  frontier  as  it  will  be  fixed  in  accordance  with  Article  88  of  the  present 
Treaty; 

thence  in  a  northerly  direction  to  the  point  where  the  administrative 
boundary  of  Posnania  crosses  the  river  Bartsch : 

a  line  to  be  fixed  on  the  ground  leaving  the  following  places  in  Poland : 
Skorischau,  Reichthal,  Trembatschau,  Kunzendorf,  Schleise,  Gross  Kosel, 
Schreibersdorf,  Rippin,  Fitrstlich-Niefken,  Pawelau,  Tscheschen,  Konradau, 
Johannisdorf,  Modzenowe,  Bogdaj,  and  in  Germany :  Lorzendorf,  Kaulwitz, 
Glausche,  Dalbersdorf,  Reesewitz,  Stradam,  Gross,  Wartenberg,  Kraschen, 
Neu  Mittlewalde,  Domaslawitz,  Wedelsdorf,  Tscheschen  Hammer ; 

thence  the  administrative  boundary  of  Posnania  north-westwards  to  the 
point  where  it  cuts  the  Rawitsch-Herrnstadt  railway; 

thence  to  the  point  where  the  administrative  boundary  of  Posnania  cuts 
the  Reisen-Tschirnau  road: 

a  line  to  be  fixed  on  the  ground  passing  west  of  Triebusch  and  Gabel  and 
east  of  Saborwitz; 

thence  the  administrative  boundary  of  Posnania  to  its  junction  with  the 
eastern  administrative  boundary  of  the  Kreis  of  Fraustadt ; 

thence  in  a  north-westerly  direction  to  a  point  to  be  chosen  on  the  road 
between  the  villages  of  Unruhstadt  and  Kopnitz : 

a  line  to  be  fixed  on  the  ground  passing  west  of  Geyersdorf,  Brenno, 
Fehlen,  Altkloster,  Klebel,  and  east  of  Ulbersdorf,  Buchwald,  Ilgen,  Weine, 
Lupitze,  Schwenten; 


TREATY   OF   PEACE  483 

thence  in  a  northerly  direction  to  the  northernmost  point  of  Lake  Chlop: 

a  line  to  be  fixed  on  the  ground  following  the  median  line  of  the  lakes; 
the  town  and  the  station  of  Bentschen  however  (including  the  junction  of  the 
lines  Schwiebus-Bentschen  and  Zullichau-Bentschen)  remaining  in  Polish 
territory; 

thence  in  a  north-easterly  direction  to  the  point  of  junction  of  the  bound- 
aries of  the  Kreise  of  Schwerin,  Birnbaum  and  Meseritz: 

a  line  to  be  fixed  on  the  ground  passing  east  of  Betsche ; 

thence  in  a  northerly  direction  the  boundary  separating  the  Kreise  of 
Schwerin  and  Birnbaum,  then  in  an  easterly  direction  the  northern  boundary 
of  Posnania  to  the  point  where  it  cuts  the  river  Netze; 

thence  upstream  to  its  confluence  with  the  Kiiddow : 

the  course  of  the  Netze; 

thence  upstream  to  a  point  to  be  chosen  about  6  kilometres  south-east  of 
Schneidemiihl : 

the  course  of  the  Kiiddow; 

thence  north-eastwards  to  the  most  southern  point  of  the  re-entant  of  the 
northern  boundary  of  Posnania  about  5  kilometres  west  of  Stahren : 

a  line  to  be  fixed  on  the  ground  leaving  the  Schneidemiihl-Konitz  railway 
in  this  area  entirely  in  German  territory; 

thence  the  boundary  of  Posnania  north-eastwards  to  the  point  of  the 
salient  it  makes  about  15  kilometres  east  of  Flatow; 

thence  north-eastwards  to  the  point  where  the  river  Kamionka  meets  the 
southern  boundary  of  the  Kreis  of  Konitz  about  3  kilometres  north-east  of 
Grunau : 

a  line  to  be  fixed  on  the  ground  leaving  the  following  places  to  Poland: 
Jasdrowo,  Gr.  Lutau,  Kl.  Lutau,  Wittkau,  and  to  Germany:  Gr.  Butzig, 
Cziskowo,  Battrow,  Bock,  Grunau ; 

thence  in  a  northerly  direction  the  boundary  between  the  Kreise  of  Konitz 
and  Schlochau  to  the  point  where  this  boundary  cuts  the  river  Brahe ; 

thence  to  a  point  on  the  boundary  of  Pomerania  15  kilometres  east  of 
Rummelsburg : 

a  line  to  be  fixed  on  the  ground  leaving  the  following  places  in  Poland: 
Konarzin,  Kelpin,  Adi.  Briesen,  and  in  Germany:  Sampohl,  Neuguth,  Stein- 
fort,  Gr.  Peterkau ; 

then  the  boundary  of  Pomerania  in  an  easterly  direction  to  its  junction 
with  the  boundary  between  the  Kreise  of  Konitz  and  Schlochau ; 

thence  northwards  the  boundary  between  Pomerania  and  West  Prussia  to 
the  point  on  the  river  Rheda  about  3  kilometres  north-west  of  Gohra  where 
that  river  is  joined  by  a  tributary  from  the  north-west ; 

thence  to  a  point  to  be  selected  in  the  bend  of  the  Piasnitz  river  about  il/2 
kilometres  north-west  of  Warschkau: 
a  line  to  be  fixed  on  the  ground; 

thence  this  river  downstream,  then  the  median  line  of  Lake  Zarnowitz, 
then  the  old  boundary  of  West  Prussia  to  the  Baltic  Sea. 
8.  With  Denmark: 


484  INTERNATIONAL   RELATIONS 

The  frontier  as  it  will  be  fixed  in  accordance  with  Articles  109  to  in  of 
Part  III,  Section  XII  (Schleswig). 

ARTICLE  28. 

The  boundaries  of  East  Prussia,  with  the  reservations  made  in  Section 
IX  (East  Prussia)  of  Part  III,  will  be  determined  as  follows: 

from  a  point  on  the  coast  of  the  Baltic  Sea  about  il/2  kilometres  north  of 
Probbernau  church  in  a  direction  of  about  159°  East  from  true  North: 

a  line  to  be  fixed  on  the  ground  for  about  2  kilometres ; 

thence  in  a  straight  line  to  the  light  at  the  bend  of  the  Elbing  Channel  in 
approximately  latitude  54°  I9/^'  North,  longitude  19°  26'  East  of  Green- 
wich ; 

thence  to  the  easternmost  mouth  of  the  Nogat  River  at  a  bearing  of  ap- 
proximately 209°  East  from  true  North ; 

thence  up  the  course  of  the  Nogat  River  to  the  point  where  the  latter 
leaves  the  Vistula  (Weichsel)  ; 

thence  up  the  principal  channel  of  navigation  of  the  Vistula,  then  the 
southern  boundary  of  the  Kreis  of  Marienwerder,  then  that  of  the  Kreis  of 
Rosenberg  eastwards  to  the  point  where  it  meets  the  old  boundary  of  East 
Prussia. 

thence  the  old  boundary  between  East  and  West  Prussia,  then  the  bound- 
ary between  the  Kreise  of  Osterode  and  Neidenburg,  then  the  course  of 
the  river  Skottau  downstream,  then  the  course  of  the  Neide  upstream  to  a 
point  situated  about  5  kilometres  west  of  Bialutten  being  the  nearest  point 
to  the  old  frontier  of  Russia ; 

thence  in  an  easterly  direction  to  a  point  immediately  south  of  the  inter- 
section of  the  road  Neidenburg-Mlava  with  the  old  frontier  of  Russia : 

a  line  to  be  fixed  on  the  ground  passing  north  of  Bialutten; 

thence  the  old  frontier  of  Russia  to  a  point  east  of  Schmalleningken, 
then  the  principal  channel  of  navigation  of  the  Niemen  (Memel)  downstream, 
then  the  Skierwieth  arm  of  the  delta  to  the  Kurisches  Haff ; 

thence  a  straight  line  to  the  point  where  the  eastern  shore  of  the  Kurischc 
Nehrung  meets  the  administrative  boundary  about  4  kilometres  south-west 
of  Nidden ; 

thence  this  administrative  boundary  to  the  western  shore  of  the  Kurische 
Nehrung. 

ARTICLE  29. 

The  boundaries  as  described  above  are  drawn  in  red  on  a  one-in-a-million 
map  which  is  annexed  to  the  present  Treaty  (Map  No.  i.) 

In  the  case  of  any  discrepancies  between  the  text  of  the  Treaty  and  this 
map  or  any  other  map  which  may  be  annexed,  the  text  will  be  final. 

ARTICLE  30. 

In  the  case  of  boundaries  which  are  defined  by  a  waterway,  the  terms 
"course"  and  "channel"  used  in  the  present  Treaty  signify:  in  the  case  of 


TREATY   OF   PEACE  485 

non-navigable  rivers,  the  median  line  of  the  waterway  or  of  its  principal  arm, 
and,  in  the  case  of  navigable  rivers,  the  median  line  of  the  principal  channel 
of  navigation.  It  will  rest  with  the  Boundary  Commissions  provided  by  the 
present  Treaty  to  specify  in  each  case  whether  the  frontier  line  shall  follow 
any  changes  of  the  course  or  channel  which  may  take  place  or  whether  it 
shall  be  definitely  fixed  by  the  position  of  the  course  or  channel  at  the  time 
when  the  present  Treaty  comes  into  force. 


PART  III. 
POLITICAL  CLAUSES  FOR  EUROPE. 


SECTION  I. 
BELGIUM. 
ARTICLE  31. 

Germany,  recognizing  that  the  Treaties  of  April  19,  1839,  which  established 
the  status  of  Belgium  before  the  war  no  longer  conform  to  the  requirements 
of  the  situation,  consents  to  the  abrogation  of  the  said  Treaties  and  under- 
takes immediately  to  recognize  and  to  observe  whatever  conventions  may  be 
entered  into  by  the  Principal  Allied  and  Associated  Powers,  or  by  any  of 
them,  in  concert  with  the  Governments  of  Belgium  and  of  the  Netherlands, 
to  replace  the  said  Treaties  of  1839.  If  her  formal  adhesion  should  be 
required  to  such  conventions  or  to  any  of  their  stipulations,  Germany  under- 
takes immediately  to  give  it. 

ARTICLE  32. 

Germany  recognizes  the  full  sovereignty  of  Belgium  over  the  whole  of  the 
contested  territory  of  Moresnet  (called  Moresnet  neutre). 

ARTICLE  33. 

Germany  renounces  in  favour  of  Belgium  all  rights  and  title  over  the 
territory  of  Prussian  Moresnet  situated  on  the  west  of  the  road  from  Liege 
to  Aix-la-Chapelle ;  the  road  will  belong  to  Belgium  where  it  bounds  this 
territory. 

ARTICLE  34. 

Germany  renounces  in  favour  of  Belgium  all  rights  and  title  over  the 
territory  comprising  the  whole  of  the  Kreisc  of  Eupen  and  of  Malmedy. 

During  the  six  months  after  the  coming  into  force  of  this  Treaty,  registers 
will  be  opened  by  the  Belgian  authority  at  Eupen  and  Malmedy  in  which  the 
inhabitants  of  the  above  territory  will  be  entitled  to  record  in  writing  a  desire 
to  see  the  whole  or  part  of  it  remain  under  German  sovereignty. 


486  INTERNATIONAL   RELATIONS 

The  results  of  this  public  expression  of  opinion  will  be  communicated  by 
the  Belgian  Government  to  the  League  of  Nations,  and  Belgium  undertakes 
to  accept  the  decision,  of  the  League. 

ARTICLE  35. 

A  Commission  of  seven  persons,  five  'of  whom  will  be  appointed  by  the 
Principal  Allied  and  Associated  Powers,  one  by  Germany  and  one  by 
Belgium,  will  be  set  up  fifteen  days  after  the  coming  into  force  of  the 
present  Treaty  to  settle  on  the  spot  the  new  frontier  line  between  Belgium 
and  Germany,  taking  into  account  the  economic  factors  and  the  means  of 
communication. 

Decisions  will  be  taken  by  a  majority  and  will  be  binding  on  the  parties 
concerned. 

ARTICLE;  36. 

When  the  transfer^  of  the  sovereignty  over  the  territories  referred  to  above 
has  become  definite,  German  nationals  habitually  resident  in  the  territories 
will  definitively  acquire  Belgian  nationality  ipso  facto,  and  will  lose  their 
German  nationality. 

Nevertheless,  German  nationals  who  became  resident  in  the  territories  after 
August  I,  1914,  shall  not  obtain  Belgian  nationality  without  a  permit  from 
the  Belgian  Government. 

ARTICLE  37. 

Within  the  two  years  following  the  definitive  transfer  of  the  sovereignty 
over  the  territories  assigned  to  Belgium  under  the  present  Treaty,  German 
nationals  over  18  years  of  age  habitually  resident  in  those  territories  will  be 
entitled  to  opt  for  German  nationality. 

Option  by  a  husband  will  cover  his  wife,  and  option  by  parents  will  cover 
their  children  under  18  years  of  age. 

Persons  who  have  exercised  the  above  right  to  opt  must  within  the  ensuing 
twelve  months  transfer  their  place  of  residence  to  Germany. 

They  will  be  entitled  to  retain  their  immovable  property  in  the  territories 
acquired  by  Belgium.  They  may  carry  with  them  their  movable  property  of 
every  description.  No  export  or  import  duties  may  be  imposed  upon  them  in 
connection  with  the  removal  of  such  property. 

ARTICLE  38. 

The  German  Government  will  hand  over  without  delay  to  the  Belgian 
Government  the  archives,  registers,  plans,  title  deeds  and  documents  of 
every  kind  concerning  the  civil,  military,  financial,  judicial  or  other  admin- 
istrations in  the  territory  transferred  to  Belgian  sovereignty. 

The  German  Government  will  likewise  restore  to  the  Belgian  Government 
the  archives  and  documents  of  every  kind  carried  off  during  the  war  by  the 


TREATY   OF   PEACE  487 

German   authorities    from    the    Belgian   public   administrations,   in   particular 
from  the  Ministry  of  Foreign  Affairs  at  Brussels. 

ARTICLE  39. 

The  proportion  and  nature  of  the  financial  liabilities  of  Germany  and  of 
Prussia  which  Belgium  will  have  to  bear  on  acccmnt  of  the  territories  ceded 
to  her  shall  be  fixed  in  conformity  with  Articles  254  and  256  of  Part  IX 
(Financial  Clauses)  of  the  present  Treaty. 

SECTION  II. 

LUXEMBURG. 

ARTICLE  40. 

With  regard  to  the  Grand  Duchy  of  Luxemburg,  Germany  renounces  the 
benefit  of  all  the  provisions  inserted  in  her  favour  in  the  Treaties  of  February 
8.  1842,  April  2,  1847,  October  20-25,  1865,  August  18,  1866,  February  21  and 
May  n,  1867,  May  10,  1871,  June  II,  1872,  and  November  II,  1902,  and  in  all 
Conventions  consequent  upon  such  Treaties. 

Germany  recognizes  that  the  Grand  Duchy  of  Luxemburg  ceased  to  form 
part  of  the  German  Zollverein  as  from  January  i,  1919,  renounces  all  rights 
to  the  exploitation  of  the  railways,  adheres  to  the  termination  of  the  regime 
of  neutrality  of  the  Grand  Duchy,  and  accepts  in  advance  all  international 
arrangements  which  may  be  concluded  by  the  Allied  and  Associated  Powers 
relating  to  the  Grand  Duchy. 

ARTICLE  41. 

Germany  undertakes  to  grant  to  the  Grand  Duchy  of  Luxemburg,  when  a 
demand  to  that  effect  is  made  to  her  by  the  Principal  Allied  and  Associated 
Powers,  the  rights  and  advantages  stipulated  in  favour  of  such  Powers  or 
their  nationals  in  the  present  Treaty  with  regard  to  economic  questions,  to 
questions  relative  to  transport  and  to  aerial  navigation. 

SECTION  III. 
LEFT  BANK  OF  THE  RHINE. 

ARTICLE  42. 

Germany  is  forbidden  to  maintain  or  construct  any  fortifications  either  on 
the  left  bank  of  the  Rhine  or  on  the  right  bank  to  the  west  of  a  line  drawn 
50  kilometres  to  the  East  of  the  Rhine. 

ARTICLE  43. 

In  the  area  defined  above  the  maintenance  and  the  assembly  of  armed 
forces,  either  permanently  or  temporarily,  and  military  manoeuvres  of  any 


488  INTERNATIONAL   RELATIONS 

kind,  as  well  as  the  upkeep  of  all  permanent  works  for  mobilization,  are  in 
the  same  way  forbidden. 

ARTICLE  44. 

In  case  Germany  violates  in  any  manner  whatever  the  provisions  oi 
Articles  42  and  43,  she  shall  be  regarded  as  committing  a  hostile  act  against 
the  Powers  signatory  of  the  present  Treaty  and  as  calculated  to  disturb  the 
peace  of  the  world. 

SECTION  IV. 

SAAR  BASIN. 

ARTICLE  45. 

As  compensation  for  the  destruction  of  the  coal-mines  in  the  north  of 
France  and  as  part  payment  towards  the  total  reparation  due  from  Germany 
for  the  damage  resulting  from  the  war,  Germany  cedes  to  France  in  full 
and  absolute  possession,  with  exclusive  rights  of  exploitation,  unencumbered 
and  free  from  all  debts  and  charges  of  any  kind,  the  coal-mines  situated  in 
the  Saar  Basin  as  defined  in  Article  48. 

ARTICLE  46. 

In  order  to  assure  the  rights  and  welfare  of  the  population  and  to  guarantee 
to  France  complete  freedom  in  working  the  mines,  Germany  agrees  to  the 
provisions  of  Chapters  I  and  II  of  the  Annex  hereto. 

ARTICLE  47. 

In  order  to  make  in  due  time  permanent  provision  for  the  government  of 
the  Saar  Basin  in  accordance  with  the  wishes  of  the  populations,  France 
and  Germany  agree  to  the  provisions  of  Chapter  III  of  the  Annex  hereto. 

ARTICLE  48. 

The  boundaries  of  the  territory  of  the  Saar  Basin,  as  dealt  with  in  the 
present  stipulations,  will  be  fixed  as  follows : 

On  the  south  and  south-west:  by  the  frontier  of  France  as  fixed  by  the 
present  Treaty. 

On  the  northu'est  and  north:  by  a  line  following  the  northern  admin- 
istrative boundary  of  the  Kreis  of  Merzig  from  the  point  where  it  leaves  the 
French  frontier  to  the  point  where  it  meets  the  administrative  boundary 
separating  the  commune  of  Saarholzbach  from  the  commune  of  Britten ; 
following  this  communal  boundary  southwards  and  reaching  the  adminis- 
trative boundary  of  the  canton  of  Merzig  so  as  to  include  in  the  territory  of 
the  Saar  Basin  the  canton  of  Mettlach,  with  the  exception  of  the  commune 
of  Britten;  following  successively  the  northern  administrative  boundaries  of 
the  cantons  of  Merzig  and  Haustadt,  which  are  incorporated  in  the  afore- 


TREATY    OF   PEACE  489 

said  Saar  Basin,  then  successively  the  administrative  boundaries  separating 
the  Krcise  of  Sarrelouis,  Ottweiler  and  Saint-Wendel  from  the  Kreise  of 
Merzig,  Treves  (Trier)  and  the  Principality  of  Birkenfeld  as  far  as  a  point 
situated  about  500  metres  north  of  the  village  of  Furschweiler  (viz.,  the 
highest  point  of  the  Metzelberg). 

On  the  north-east  and  cast:  from  the  last  point  defined  above  to  a  point 
about  3l/2  kilometres  east-north-east  of  Saint-Wendel : 

a  line  to  be  fixed  on  the  ground  passing  east  of  Furschweiler.  west  of 
Roschberg,  east  of  points  418,  329  (south  of  Roschberg),  west  of  Leiters- 
weiler,  north-east  of  point  464,  and  following  the  line  of  the  crest  south- 
wards to  its  junction  with  the  administrative  boundary  of  the  Kreis  of  Kusel ; 

thence  in  a  southerly  direction  the  boundary  of  the  Kreis  of  Kusel,  then 
the  boundary  of  the  Kreis  of  Homberg  towards  the  south-south-east  to  a 
point  situated  about  1000  metres  west  of  Dunzweiler; 

thence  to  a  point  about  i  kilometre  south  of  Hornbach: 

a  line  to  be  fixed  on  the  ground  passing  through  point  424  (about  looo 
metres  south-east  of  Dunzweiler),  point  363  (Fuchs-Berg),  point  322  (south- 
west of  Wlaldmohr),  then  east  of  Jagersburg  and  Erbach,  then  encircling 
Homburg,  passing  through  the  points  361  (about  2*/2  kilometres  north-east 
by  east  of  that  town),  342  (about  2  kilometres  south-east  of  that  town), 
347  (Schreiners-Berg),  356,  350  (about  il/2  kilometres  south-east  of  Schwar- 
zenbach),  then  passing  east  of  Einod,  south-east  of  points  322  and  333,  about 
2  kilometres  east  of  We"benheim,  about  2  kilometres  east  of  Mimbach,  passing 
east  of  the  plateau  which  is  traversed  by  the  road  from  Mimbach  to  Bock- 
weiler  (so  as  to  include  this  road  in  the  territory  of  the  Saar  Basin),  passing 
immediately  north  of  the  junction  of  the  roads  from  Bockweiler  and  Altheim 
situated  about  2  kilometres  north  of  Altheim,  then  passing  south  of  Ring- 
weilerhof  arid  north  of  point  322,  rejoining  the  frontier  of  France  at  fhe 
angle  which  it  makes  about  I  kilometre  south  of  Hornbach  (see  Map  No.  2 
scale  1/100,000,  annexed  to  the  present  Treaty). 

A  Commission  composed  of  five  members,  one  appointed  by  France,  one 
by  Germany,  and  three  by  the  Council  of  the  League  of  Nations,  which  will 
select  nationals  of  other  Powers,  will  be  constituted  within  fifteen  days  from 
the  coming  into  force  of  the  present  Treaty,  to  trace  on  the  spot  the  frontier 
line  described  above. 

In  those  parts  of  the  preceding  line  which  do  not  coincide  with  admin- 
istrative boundaries,  the  Commission  will  endeavour  to  keep  to  the  line  indi- 
cated, while  taking  into  consideration,  so  far  as  is  possible,  local  economic 
interests  and  existing  communal  boundaries. 

The  decisions  of  this  Commission  will  be  taken  by  a  majority,  and  will  be 
binding  on  the  parties  concerned. 

ARTICLE  49. 

Germany  renounces  in  favour  of  the  League  of  Nations,  in  the  capacity 
of  trustee,  the  government  of  the  territory  defined  above. 


490  INTERNATIONAL   RELATIONS 

At  the  end  of  fifteen  years  from  the  coming  into  force  of  the  present 
Treaty  the  inhabitants  of  the  said  territory  shall  be  called  upon  to  indicate 
the  sovereignty  under  which  they  desire  to  be  placed. 

ARTICLE  50. 

The  stipulations  under  which  the  cession  of  the  mines  in  the  Saar  Basin 
shall  be  carried  out,  together  with  the  measures  intended  to  guarantee  the 
rights  and  the  well-being  of  the  inhabitants  and  the  government  of  the 
territory,  as  well  as  the  conditions  in  accordance  with  which  the  plebiscite 
hereinbefore  provided  for  is  to  be  made,  are  laid  down  in  the  Annex  hereto. 
This  Annex  shall  be  considered  as  an  integral  part  of  the  present  Treaty, 
and  Germany  declares  her  adherence  to  it. 

ANNEX. 

In  accordance  with  the  provisions  of  Articles  45  to  50  of  the  present 
Treaty,  the  stipulations  under  which  the  cession  by  Germany  to  France  of 
the  mines  of  the  Saar  Basion  will  be  effected,  as  well  as  the  measures  in- 
tended to  ensure  respect  for  the  rights  and  well-being  of  the  population  and 
the  government  of  the  territory,  and  the  conditions  in  which  the  inhabitants 
will  be  called  upon  to  indicate  the  sovereignty  under  which  they  may  wish 
to  be  placed,  have  been  laid  down  as  follows : 

CHAPTER  I. 

CESSION   AND   EXPLOITATION    Of   MINING   PROPERTY. 

,i.  From  the  date  of  the  coming  into  force  of  the  present  Treaty,  all  the 
deposits  of  coal  situated  within  the  Saar  Basin  as  defined  in  Article  48  of 
the  said  Treaty,  become  the  complete  and  absolute  property  of  the  French 
State. 

The  French  State  will  have  the  right  of  working  or  not  working  the  said 
mines,  or  of  transferring  to  a  third  party  the  right  of  working  them,  without 
having  to  obtain  any  previous  authorisation  or  to  fulfil  any  formalities. 

The  French  State  may  always  require  that  the  German  mining  laws  and 
regulations  referred  to  below  shall  be  applied  in  order  to  ensure  the  determi- 
nation of  its  rights. 

2.  The  right  of  ownership  of  the  French  State  will  apply  not  only  to  the 
deposits  which  are  free  and  for  which  concessions  have  not  yet  been  granted, 
but  also  to  the  deposits  for  which  concessions  have  already  been  granted, 
whoever  may  be  the  present  proprietors,  irrespective  of  whether  they  belong 
to  the  Prussian  State,  to  the  Bavarian  State,  to  other  States  or  bodies,  to 
companies  or  to  individuals,  whether  they  have  been  worked  or  not,  or 
whether  a  right  of  exploitation  distinct  from  the  right  of  the  owners  of  the 
surface  of  the  soil  has  or  has  not  been  recognized. 

As  far  as  concerns  the  mines  which  are  being  worked,  the  transfer  of  the 


TREATY   OF   PEACE  491 

ownership  to  the  French  State  will  apply  to  all  the  accessories  and  subsidi- 
aries of  the  said  mines,  in  particular  to  their  plant  and  equipment  both  on 
and  below  the  surface,  to  their  extracting  machinery,  their  plants  for  trans- 
forming coal  into  electric  power,  coke  and  by-products,  their  workshops, 
means  of  communication,  electric  lines,  plant  for  catching  and  distributing 
water,  land,  buildings  such  as  offices,  managers',  employees'  and  workmen's 
dwellings,  schools,  hospitals  and  dispensaries,  their  stocks  and  supplies  of 
every  description,  their  archives  and  plans,  and  in  general  everything  which 
those  who  own  or  exploit  the  mines  possess  or  enjoy  for  the  purpose  of 
exploiting  the  mines  and  their  accessories  and  subsidiaries. 

The  transfer  will  apply  also  to  the  debts  owing  for  products  delivered 
before  the  entry  into  possession  by  the  French  State,  and  after  the  signature 
of  the  present  Treaty,  and  to  deposits  of  money  made  by  customers,  whose 
rights  will  be  guaranteed  by  the  French  State. 

4.  The  French  State  will  acquire  the  property  free  and  clear  of  all  debts 
and    charges.     Nevertheless,    the    rights    acquired,    or   in   course    of   being 
acquired,  by  the  employees  of  the  mines  and  their  accessories  and  subsidiaries 
at  the  date  of  the  coming  into  force  of  the  present  Treaty,  in  connection 
with  pensions   for   old   age   or   disability,  will   not  be  affected.     In   return, 
Germany  must  pay  over  to  the  French  State  a  sum  representing  the  actuarial 
amounts  to  which  the  said  employees  are  entitled. 

5.  The  value  of  the  property  thus  ceded  to  the  French  State  will  be  de- 
termined by  the  Reparation  Commission  referred  to  in  Article  233  of  Part 
VIII   (Reparation)  of  the  present  Treaty. 

This  value  shall  be  credited  to  Germany  in  part  payment  of  the  amount  due 
for  reparation. 

It  will  be  for  Germany  to  indemnify  the  proprietors  or  parties  concerned, 
whoever  they  may  be. 

6.  No  tariff  shall  be  established  on  the  German  railways  and  canals  which 
may  directly  or  indirectly  discriminate  to  the  prejudice  of  the  transport  of 
the  personnel  or  products  of  the  mines  and  their  accessories  or  subsidiaries, 
or   of   the  material  necessary  to   their   exploitation.      Such   transport   shall 
enjoy  all  the  rights  and  privileges  which  any  international  railway  conven- 
tions may  guarantee  to  similar  products  of  French  origin. 

7.  The   equipment   and   personnel   necessary   to    ensure   the    despatch   and 
transport  of  the  products  of  the  mines  and  their  accessories  and  subsidiaries, 
as  well  as  the  carriage  of  workmen  and  employees,  will  be  provided  by  the 
local  railway  administration  of  the  Basin. 

8.  No  obstacle  shall  be  placed  in  the  way  of  such  improvements  of  railways 
or  waterways  as  the  French  State  may  judge  necessary  to  assure  the  despatch 
and  the  transport  of  the  products  of  'he  mines  and  their  accessories  and 
subsidiaries,  such  as  double  trackage,  enlargement  of  stations,  and  construc- 
tion of  yards  and  appurtenances.     The  distribution  of  expenses  will,  in  the 
event  of  disagreement,  be  submitted  to  arbitration. 

The  French  State  may  also  establish  any  new  means  of  communication, 
such  as  roads,  electric  lines  and  telephone  connections  which  »t  may  consider 
necessary  for  the  exploitation  of  the  mines. 


492 

It  may  exploit  freely  and  without  any  restrictions  the  means  of  communi- 
cation of  which  it  may  become  the  owner,  particularly  those  connecting  the 
mines  and  their  accessories  and  subsidiaries  with  the  means  of  communica- 
tion situated  in  French  territory. 

9.  The  French  State  shall  always  be  entitled  to  demand  the  application  of 
the  German  mining  laws  and  regulations  in   force  on   November   u,   1918, 
excepting  provisions  adopted  exclusively  in  view  of  the  state  of  war,  with  a 
view   to  the   acquisition   of   such   land   as   it   may  judge   necessary   for   the 
exploitation  of  the  mines  and  their  accessories  and  subsidiaries. 

The  payment  for  damage  caused  to  immovable  property  by  the  working 
of  the  said  mines  and  their  accessories  and  subsidiaries  shall  be  made  in 
accordance  with  the  German  mining  laws  and  regulations  above  referred  to. 

10.  Every   person   whom   the    French    State   may   substitute    for   itself    as 
regards  the  whole  or  part  of  its  rights  to  the  exploitation  of  the  mines  and 
their  accessories   and   subsidiaries   shall  enjoy  the  benefit  of  the  privileges 
provided  in  this  Annex. 

11.  The  mines  and  other  immovable  property  which  become  the  property 
of  the  French  State  may  never  be  made  the  subject  of  measures  of  forfeiture, 
forced  sale,  expropriation  or  requisition,  nor  of  any  other  measure  affecting 
the  right  of  property. 

The  personnel  and  the  plant  connected  with  the  exploitation  of  these  mines 
or  their  accessories  and  subsidiaries,  as  well  as  the  product  extracted  from 
the  mines  or  manufactured  in  their  accessories  and  subsidiaries,  may  not 
at  any  time  be  made  the  subject  of  any  measures  of  requisition. 

The  exploitation  of  the  mines  and  their  accessories  and  subsidiaries,  which 
become  the  property  of  the  French  State,  will  continue,  subject  to  the  pro- 
visions of  paragraph  23  below,  to  be  subject  to  the  regime  established  by  the 
German  laws  and  regulations  in  force  on  November  n,  1918,  excepting  pro- 
visions adopted  exclusively  in  view  of  the  state  of  war. 

The  rights  of  the  workmen  shall  similarly  be  maintained,  subject  to  the 
provisions  of  the  said  paragraph  23,  as  established  on  November  n,  1918, 
by  the  German  laws  and  regulations  above  referred  to. 

No  impediment  shall  be  placed  in  the  way  of  the  introduction  or  employ- 
ment in  the  mines  and  their  accessories  and  subsidiaries  of  workmen  from 
without  the  Basin. 

The  employees  and  workmen  of  French  nationality  shall  have  the  right 
to  belong  to  French  labour  unions. 

13.  The  amount  contributed  by  the  mines  and  their  accessories  and  sub- 
sidiaries, either  to  the  local  budget  of  the  territory  of  the  Saar  Basin  or  to 
the  communal  funds,  shall  be  fixed  with  due  regard  to  the  ratio  of  the  value 
of  the  mines  to  the  total  taxable  wealth  of  the  Basin. 

14.  The  French  State  shall  always  have  the  right  of  establishing  and  main- 
taining,   as    incidental   to   the   mines,    primary   or   technical    schools    for    its 
employees  and  their  children,  and  of  causing  instruction  therein  to  be  given 
in  the  French  language,  in  accordance  with  such  curriculum   and  by  such 
teachers  as  it  may  select. 


TREATY   OF   PEACE  493 

It  shall  also  have  the  right  to  establish  and  maintain  hospitals,  dispensaries, 
workmen's  houses  and  gardens  and  other  charitable  and  social  institutions. 

15.  The  French  State  shall  enjoy  complete  liberty  with  respect  to  the  dis- 
tribution, dispatch  and  sale  prices  of  the  products  of  the  mines  and  their 
accessories  and  subsidiaries. 

Nevertheless,  whatever  may  be  the  total  product  of  the  mines,  the  French 
Government  undertakes  that  the  requirements  of  local  consumption  for 
industrial  and  domestic  purposes  shall  always  be  satisfied  in  the  proportion 
existing  in  1913  between  the  amount  consumed  locally  and  the  total  output 
of  the  Saar  Basin. 


CHAPTER  II. 

GOVERNMENT  OF  THE  TERRITORY  OF  THE  SAAR  BASIN. 

16.  The  Government  of  the  territory  of  the  Saar  Basin  shall  be  entrusted  to 
a  Commission  representing  the  League  of  Nations.     This  Commission  shall 
sit  in  the  territory  of  the  Saar  Basin. 

17.  The  Governing  Commission  provided  for  by  paragraph  16  shall  consist 
of  five  members  chosen  by  the  Council  of  the  League  of  Nations,  and  will 
include  one  citizen  of  France,  one  native  inhabitant  of  the  Saar  Basin,  not 
a  citizen  of  France,  and  three  members  belonging  to  three  countries  other 
than  France  or  Germany. 

The  members  of  the  Governing  Commission  shall  be  appointed  for  one  year 
and  may  be  re-appointed.  They  can  be  removed  by  the  Council  of  the  League 
of  Nations,  which  will  provide  for  their  replacement. 

The  members  of  the  Governing  Commission  will  be  entitled  to  a  salary 
which  will  be  fixed  by  the  Council  of  the  League  of  Nations,  and  charged  on 
the  local  revenues. 

18.  The  Chairman  of  the  Governing  Commission  shall  be  appointed  for  one 
year  from  among  the  members  of  the   Commission  by  the   Council  of  the 
League  of  Nations  and  may  be  re-appointed. 

The  Chairman  will  act  as  the  executive  of  the  Commission. 

19.  Within  the  territory  of  the  Saar  Basin  the  Governing  Commission  shall 
have  all  the  powers  of  government  hitherto  belonging  to  the  German  Empire, 
Prussia,    or   Bavaria,   including   the    appointment   and    dismissal   of    officials, 
and  the  creation  of  such  administrative  and  representative  bodies  as  it  may 
deem  necessary. 

It  shall  have  full  powers  to  administer  and  operate  the  railways,  canals 
and  the  different  public  services. 

Its  decisions  shall  be  taken  by  a  majority. 

20.  Germany  will  place  at  the  disposal  of  the  Governing  Commission  all 
official    documents    and    archives    under    the    control    of    Germany,    of    any 
German  State,  or  of  any  local  authority,  which  relate  to  the  territory  of  the 
Saar  Basin  or  to  the  rights  of  the  inhabitants  thereof. 


494  INTERNATIONAL   RELATIONS 

21.  It  will  be  the  duty  of  the  Governing  Commission  to  ensure,  by  such 
means  and  under  such  conditions   as   it  may   deem  suitable,   the  protection 
abroad  of  the  interests  of  the  inhabitants  of  the  territory  of  the  Saar  Basin. 

22.  The  Governing   Commission   shall  have   the   full   right   of  user  of   all 
property,  other  than  mines,  belonging,  either  in  public  or  in  private  domain, 
to    the    Government    af    the    German   Empire,    or   the    Government    of    any 
German  State,  in  the  territory  of  the  Saar  Basin. 

As  regards  the  railways  an  equitable  apportionment  of  rolling  stock  shall 
be  made  by  a  mixed  Commission  on  which  the  Government  of  the  territory 
of  the  Saar  Basin  and  the  German  railways  will  be  represented. 

Persons,  goods,  vessels,  carriages,  wagons  and  mails  coming  from  or 
going  to  the  Saar  Basin  shall  enjoy  all  the  rights  and  privileges  relating  to 
transit  and  transport  which  are  specified  in  the  provisions  of  Part  XII  (Ports, 
Waterways  and  Railways)  of  the  present  Treaty. 

23.  The  laws  and  regulations  in  force  on  November  11,  1918,  in  the  ter- 
ritory of  the  Saar  Basin   (except  those  enacted  in  consequence  of  the  state 
of  war)  shall  continue  to  apply. 

If,  for  general  reasons  or  to  bring  these  laws  and  regulations  into  accord 
with  the  provisions  of  the  present  Treaty,  it  is  necessary  to  introduce  modi- 
fications, these  shall  be  decided  on,  and  put  into  effect  by  the  Governing 
Commission,  after  consultation  with  the  elected  representatives  of  the 
inhabitants  in  such  a  manner  as  the  Commission  may  determine. 

No  modification  may  be  made  in  the  legal  regime  for  the  exploitation  of 
the  mines,  provided  for  in  paragraph  12,  without  the  French  State  being 
previously  consulted,  unless  such  modification  results  from  a  general  regula- 
tion respecting  labour  adopted  by  the  League  of  Nations. 

In  fixing  the  conditions  and  hours  of  labour  for  men,  women  and  children, 
the  Governing  Commission  is  to  take  into  consideration  the  wishes  ex- 
pressed by  the  local  labour  organisations,  as  well  as  the  principles  adopted 
by  the  League  of  Nations. 

24.  Subject  to  the  provisions  of  paragraph  4,  no  rights  of  the  inhabitants 
of  the  Saar  Basin  acquired  or  in  process  of  acquisition  at  the  date  of  the 
coming  into  force  of  this  Treaty,   in   respect  of   any  insurance  system  of 
Germany  or  in  respect  of  any  pension  of  any  kind,  are  affected  by  any  of 
the  provisions  of  the  present  Treaty. 

Germany  and  the  Government  of  the  territory  of  the  Saar  Basin  will  pre- 
serve and  continue  all  of  the  aforesaid  rights. 

25.  The   civil   and  criminal  courts   existing  in  the  territory  of   the   Saar 
Basin  shall  continue. 

A  civil  and  criminal  court  will  be  established  by  the  Governing  Commis- 
sion to  hear  appeals  from  the  decisions  of  the  said  courts  and  to  decide 
matters  for  which  these  courts  are  not  competent. 

The  Governing  Commission  will  be  responsible  for  settling  the  organisa- 
tion and  jurisdiction  of  the  said  court. 

Justice  will  be  rendered  in  the  name  of  the  Governing  Commission. 


TREATY   OF   PEACE  495 

26.  The  Governing  Commission  will  alone  have  the  power  of  levying  taxes 
and  dues  in  the  territory  of  Saar  Basin. 

These  taxes  and  dues  will  be  exclusively  applied  to  the  needs  of  th< 
territory. 

The  fiscal  system  existing  on  November  11,  1918,  will  be  maintained  as 
far  as  possible,  and  no  new  tax  except  customs  duties  may  be  imposed  without 
previously  consulting  the  elected  representatives  of  the  inhabitants. 

27.  The  present  stipulations  will  not  affect  the  existing  nationality  of  the 
inhabitants  of  the  territory  of  the  Saar  Basin. 

No  hindrance  shall  be  placed  in  the  way  of  those  who  wish  to  acquire  a 
different  nationality,  but  in  such  case  the  acquisition  of  the  new  nationality 
will  involve  the  loss  of  any  other. 

28.  Under  the  control  of  the  Governing  Commission  the  inhabitants  will 
retain  their  local  assemblies,  their  religious  liberties,  their  schools  and  their 
language. 

The  right  of  voting  will  not  be  exercised  for  any  assemblies  other  than  the 
local  assemblies,  and  will  belong  to  every  inhabitant  over  the  age  of  twenty 
years,  without  distinction  of  sex. 

29.  Any  of  the  inhabitants  of  the  Saar  Basin  who  may  desire  to  leave  the 
territory  will  have  full  liberty  to  retain  in  it  their  immovable  property  or  to 
sell  it  at   fair  prices,   and  to  remove  their  movable  property   free  of   any 
charges. 

30.  There  will  be  no  military  service,  whether  compulsory  or  voluntary,  in 
the  territory  of  the  Saar  Basin,  and  the  construction  of  fortifications  therein 
is  forbidden. 

Only  a  local  gendarmerie  for  the  maintenance  of  order  may  be  established. 
It  will  be  the  duty  of  the  Governing  Commission  to  provide  in  all  cases  for 
protection  of  persons  and  property  in  the  Saar  Basin. 

31.  The  territory  of  the  Saar  Basin  as  defined  by  Article  48  of  the  pres- 
ent Treaty  shall  be  subjected  to  the  French  customs  regime.     The  receipts 
from  the  customs  duties  on  goods  intended  for  local  consumption  shall  be 
included  in  the  budget  of  the  said  territory  after  deduction  of  all  costs  of 
collection. 

No  export  tax  shall  be  imposed  upon  metallurgical  products  or  coal  ex- 
ported from  the  said  territory  to  Germany,  nor  upon  German  exports  for  the 
use  of  the  industries  of  the  territory  of  the  Saar  Basin. 

Natural  or  manufactured  products  originating  in  the  Basin  in  transit 
over  German  territory  and,  similarly,  German  products  in  transit  over  the 
territory  of  the  Basin  shall  be  free  of  all  customs  duties. 

Products  which  both  originate  in  and  pass  from  the  Basin  into  Germany 
shall  be  free  of  import  duties  for  a  period  of  five  years  from  the  date  of 
the  coming  into  force  of  the  present  Treaty,  and  during  the  same  period 
articles  imported  from  Germany  into  the  territory  of  the  Basin  for  local 
consumption  shall  likewise  be  free  of  import  duties. 

During  these  five  years  the  French  Government  reserves  to  itself  the  right 
of  limiting  to  the  annual  average  of  the  quantities  imported  into  Alsace-Lor- 


496  INTERNATIONAL   RELATIONS 

raine  and  France  in  the  years  1911  to  1913  the  quantities  \vhich  may  be  sent 
into  France  of  all  articles  coming  from  the  Basin  which  include  raw  materials 
and  semi-manufactured  goods  imported  duty  free  from  Germany.  Such  aver- 
age shall  be  determined  after  reference  to  all  available  official  information 
and  statistics. 

32.  No  prohibition  or  restriction  shall  be  imposed  upon  the  circulation  of 
French  money  in  the  territory  of  the  Saar  Basin. 

The  French  State  shall  have  the  right  to  use  French  money  in  all  pur- 
chases, payments  and  contracts  connected  with  the  exploitation  of  the  mines 
or  their  accessories  and  subsidiaries. 

33.  The  Governing  Commission  shall  have  power  to  decide  all  questions 
arising  from  the  interpretation  of  the  preceding  provisions. 

France  and  Germany  agree  that  any  dispute  involving  a  difference  of 
opinion  as  to  the  interpretation  of  the  said  provisions  shall  in  the  same  way 
be  submitted  to  the  Governing  Commission,  and  the  decision  of  a  majority 
of  the  Commission  shall  be  binding  on  both  countries. 

CHAPTER  III. 

PLEBISCITE. 

34.  At  the  termination  of  a  period  of  fifteen  years  from  the  coming  into 
force  of  the  present  Treaty,   the  population   of   the  territory   of   the    Saar 
Basin  will  be  called  upon  to  indicate  their  desires  in  the  following  manner : 

A  vote  will  take  place  by  communes  or  districts,  on  the  three  following 
alternatives :  (a)  maintenance  of  the  regime  established  by  the  present 
Treaty  and  by  this  Annex;  (&)  union  with  France;  (c)  union  with 
Germany. 

All  persons  without  distinction  of  sex,  more  than  twenty  years  old  at  the 
date  of  the  voting,  resident  in  the  territory  at  the  date  of  the  signature  of  the 
present  Treaty,  will  have  the  right  to  vote. 

The  other  conditions,  methods  and  the  date  of  the  voting  shall  be  fixed 
by  the  Council  of  the  League  of  Nations  in  such  a  way  as  to  secure  the  free- 
dom, secrecy  and  trustworthiness  of  the  voting. 

35.  The  League  of  Nations  shall  decide  on  the  sovereignty  under  which  the 
territory  is  to  be  placed,  taking  into  account  the  wishes  of  the  inhabitants  as 
expressed  by  the  voting : 

(a)  If,  for  the  whole  or  part  of  the  territory,  the  League  of  Nations  de- 
cides in  favour  of  the  maintenance  of  the  regime  established  by  the  present 
Treaty  and  this  Annex,  Germany  hereby  agrees  to  make  such  renunciation  of 
her  sovereignty  in  favour  of  the  League  of  Nations  as  the  latter  shall  deem 
necessary.     It  will  be  the  duty  of  the  League  of  Nations  to  take  appropriate 
steps  to  adapt  the  regime  definitively  adopted  to  the  permanent  welfare  of 
the  territory  and  the  general  interest; 

(b)  If,  for  the  whole  or  part  of  the  territory,  the  League  of  Nations  decides 
in  favour  of  union  with  France,  Germany  hereby  agrees  to  cede  to  France 


TREATY   OF   PEACE  497 

in  accordance  with  the  decision  of  the  League  of  Nations  all  rights  and  title 
over  the  territory  specified  by  the  League; 

(c)  If,  for  the  whole  or  part  of  the  territory,  the  League  of  Nations 
decides  in  favour  of  union  with  Germany,  it  will  be  the  duty  of  the  League 
of  Nations  to  cause  the  German  Government  to  be  re-established  in  the 
government  of  the  territory  specified  by  the  League. 

36.  If  the  League  of  Nations  decides  in  favour  of  the  union  of  the  whole 
or  part  of  the  territory  of  the  Saar  Basin  with  Germany,  France's  rights  of 
ownership  in  the  mines  situated  in  such  part  of  the  territory  will  be  repur- 
chased by  Germany  in  their  entirety  at  a  price  payable  in  gold.     The  price 
to  be  paid  will  be  fixed  by  three  experts,  one  nominated  by  Germany,  one  by 
France,  and  one,  who  shall  be  neither  a  Frenchman  nor  a  German,  by  the 
Council  of  the  League  of  Nations ;    the  decision  of  the  experts  will  be  given 
by  a  majority. 

The  obligation  of  Germany  to  make  such  payment  shall  be  taken  into 
account  by  the  Reparation  Commission,  and  for  the  purpose  of  this  payment 
Germany  may  create  a  prior  charge  upon  her  assets  or  revenues  upon  such 
detailed  terms  as  shall  be  agreed  to  by  the  Reparation  Commission. 

If,  nevertheless,  Germany  after  a  period  of  one  year  from  the  date  on 
which  the  payment  becomes  due  shall  not  have  effected  the  said  payment,  the 
Reparation  Commission  shall  do  so  in  accordance  with  such  instructions  as 
may  be  given  by  the  League  of  Nations,  and,  if  necessary,  by  liquidating 
that  part  of  the  mines  which  is  in  question. 

37.  If,  in  consequence  of  the  repurchase  provided  for  in  paragraph  36,  the 
ownership  of  the  mines  or  any  part  of  them  is  transferred  to  Germany,  the 
French   State  and  French  nationals  shall  have  the  right  to  purchase  such 
amount  of  coal  of  the  Saar  Basin  as  their  industrial  and  domestic  needs  are 
found  at  that  time  to  require.    An  equitable  arrangement  regarding  amounts 
of  coal,  duration  of  contract,  and  prices  will  be  fixed  in  due  time  by  the 
Council  of  the  League  of  Nations. 

38.  It  is  understood  that  France  and  Germany  may,  by  special  agreements 
concluded  before  the  time  fixed  for  the  payment  of  the  price  for  the  repur- 
chase of  the  mines,  modify  the  provisions  of  paragraphs  36  and  37. 

39.  The  Council  of  the  League  of  Nations  shall  make  such  provisions  as  may 
be  necessary  for  the  establishment  of  the  regime  which  is  to  take  effect  after 
the  decisions  of  the   League  of   Nations  mentioned  in  paragraph  35  have 
become  operative,  including  an  equitable  apportionment  of  any  obligations 
of  the  Government  of  the  territory  of  the  Saar  Basin  arising  from  loans 
raised  by  the  Commission  or  from  other  causes. 

From  the  coming  into  force  of  the  new  regime,  the  powers  of  the  Govern- 
ing Commission  will  terminate,  except  in  the  case  provided  for  in  paragraph 

35  (a). 

40.  In  all  matters  dealt  with  in  the  present  Annex,  the  decisions  of  the 
Council  of  the  League  of  Nations  will  be  taken  by  a  majority. 


498  INTERNATIONAL   RELATIONS 

SECTION  V. 
ALSACE-LORRAINE. 

The  HIGH  CONTRACTING  PARTIES,  recognising  the  moral  obligation  to  redress 
the  wrong  done  by  Germany  in  1871  both  to  the  rights  of  France  and  to  the 
wishes  of  the  population  of  Alsace  and  Lorraine,  which  were  separated  from 
their  country  in  spite  of  the  solemn  protest  of  their  representatives  at  the 
Assembly  of  Bordeaux, 

Agree  upon  the  following  Articles : 

ARTICLE  51. 

The  territories  which  were  ceded  to  Germany  in  accordance  with  the 
Preliminaries  of  Peace  signed  at  Versailles  on  February  26,  1871,  and  the 
Treaty  of  Frankfort  of  May  10,  1871,  are  restored  to  French  sovereignty  as 
from  the  date  of  the  Armistice  of  November  u,  1918. 

The  provisions  of  the  Treaties  establishing  the  delimitation  of  the  frontiers 
before  1871  shall  be  restored. 

ARTICLE  52. 

The  German  Government  shall  hand  over  without  delay  to  the  French 
Government  all  archives,  registers,  plans,  titles  and  documents  of  every  kind 
concerning  the  civil,  military,  financial,  judicial  or  other  administrations  of 
the  territories  restored  to  French  sovereignty.  If  any  of  these  documents, 
archives,  registers,  titles  or  plans  have  been  misplaced,  they  will  be  restored 
by  the  German  Government  on  the  demand  of  the  French  Government. 

ARTICLE  53. 

Separate  agreements  shall  be  made  between  France  and  Germany  dealing 
with  the  interests  of  the  inhabitants  of  the  territories  referred  to  in  Article 
51,  particularly  as  regards  their  civil  rights,  their  business  and  the  exercise 
of  their  professions,  it  being  understood  that  Germany  undertakes  as  from  the 
present  date  to  recognise  and  accept  the  regulations  laid  down  in  the  Annex 
hereto  regarding  the  nationality  of  the  inhabitants  or  natives  of  the  said 
territories,  not  to  claim  at  any  time  or  in  any  place  whatsoever  as  German 
nationals  those  who  shall  have  been  declared  on  any  ground  to  be  French,  to 
receive  all  others  in  her  territory,  and  to  conform,  as  regards  the  property  of 
German  Nationals  in  the  territories  indicated  in  Article  51,  with  the  provisions 
of  Article  297  and  the  Annex  to  Section  IV  of  Part  X  (Economic  Clauses) 
of  the  present  Treaty. 

Those  German  nationals  who  without  acquiring  French  nationality  shall 
receive  permission  from  the  French  Government  to  reside  in  the  said  ter- 
ritories shall  not  be  subjected  to  the  provisions  of  the  said  Article. 


TREATY   OF   PEACE  499 

ARTICLE  54. 

Those  persons  who  have  regained  French  nationality  in  virtue  of  paragraph 
i  of  the  Annex  hereto  will  be  held  to  be  .Alsace-Lorrainers  for  the  purposes 
of  the  present  Section. 

The  persons  referred  to  in  paragraph  2  of  the  said  Annex  will  from  the  day 
on  which  they  have  claimed  French  nationality  be  held  to  be  Alsace-Lor- 
rainers  with  retroactive  effect  as  from  November  II,  1918.  For  those  whose 
application  is  rejected,  the  privilege  will  terminate  at  the  date  of  the  refusal. 

Such  juridical  persons  will  also  have  the  status  of  Alsace-Lorrainers 
as  shall  have  been  recognised  as  possessing  this  quality,  whether  by  the 
French  administrative  authorities  or  by  a  judicial  decision. 

ARTICLE  55. 

The  territories  referred  to  in  Article  51  shall  return  to  France  free  and 
quit  of  all  public  debts  under  the  conditions  laid  down  in  Article  255  of  Part 
IX  (Financial  Clauses)  of  the  present  Treaty. 

ARTICLE  56. 

In  conformity  with  the  provisions  of  Article  256  of  Part  IX  (Financial 
Clauses)  of  the  present  Treaty,  France  shall  enter  into  possession  of  all 
property  and  estate,  within  the  territories  referred  to  in  Article  51,  which 
belong  to  the  German  Empire  or  German  States,  without  any  payment  or 
credit  on  this  account  to  any  of  the  States  ceding  the  territories. 

This  provision  applies  to  all  movable  or  immovable  property  of  public  or 
private  domain  together  with  all  rights  whatsoever  belonging  to  the  German 
Empire  or  German  States  or  to  their  administrative  areas. 

Crown  property  and  the  property  of  the  forn\er  Emperor  or  other  German 
sovereigns  shall  be  assimilated  to  property  of  the  public  domain. 

ARTICLE  57. 

Germany  shall  not  take  any  action,  either  by  means  of  stamping  or  by  any 
other  legal  or  administrative  measures  not  applying  equally  to  the  rest  of  her 
territory,  which  may  be  to  the  detriment  of  the  legal  value  or  redeemability 
of  German  monetary  instruments  or  monies  which,  at  the  date  of  the  sig- 
nature of  the  present  Treaty,  are  legally  current,  and  at  that  date  are  in  the 
possession  of  the  French  Government. 

ARTICLE  58. 

A  special  Convention  will  determine  the  conditions  for  repayment  in  marks 
of  the  exceptional  war  expenditure  advanced  during  the  course  of  the  war 
by  Alsace-Lorraine  or  by  the  public  bodies  in  Alsace-Lorraine  on  account 
of  the  Empire  in  accordance  with  German  law,  such  as  payment  to  the 
families  of  persons  mobilised,  requisitions,  billeting  of  troops,  and  assistance 
to  persons  who  have  been  evacuated. 


500  INTERNATIONAL   RELATIONS 

In  fixing  the  amount  of  these  sums  Germany  shall  be  credited  with  that 
portion  which  Alsace-Lorraine  would  have  contributed  to  the  Empire  to  meet 
the  expenses  resulting  from  these  payments,  this  contribution  being  calculated 
according  to  the  proportion  of  the  Imperial  revenues  derived  from  Alsace- 
Lorraine  in  1913. 

ARTICLE  59. 

The  French  Government  will  collect  for  its  own  account  the  Imperial 
taxes,  duties  and  dues  of  every  kind  leviable  in  the  territories  referred  to  in 
Article  51  and  not  collected  at  the  time  of  the  Armistice  of  November  n,  1918 

ARTICLE  60. 

The  German  Government  shall  without  delay  restore  to  Alsace-Lorrainers 
(individuals,  juridical  persons  and  public  institutions)  all  property,  rights  and 
interests  belonging  to  them  on  November  u,  1918,  in  so  far  as  these  are 
situated  in  German  territory. 

ARTICLE  61. 

The  German  Government  undertakes  to  continue  and  complete  without 
delay  the  execution  of  the  financial  clauses  regarding  Alsace-Lorraine  con- 
tained in  the  Armistice  Conventions. 

ARTICLE  62. 

The  German  Government  undertakes  to  bear  the  expense  of  all  civil  and 
military  pensions  which  had  been  earned  in  Alsace-Lorraine  on  date  of 
November  11,  19^8,  and  the  maintenance  of  which  was  a  charge  on  the  bud- 
get of  the  German  Empire.  * 

The  German  Government  shall  furnish  each  year  the  funds  necessary  for 
the  payment  in  francs,  at  the  average  rate  of  exchange  for  that  year,  of  the 
sums  in  marks  to  which  persons  resident  in  Alsace-Lorraine  would  have 
been  entitled  if  Alsace-Lorraine  had  remained  under  German  jurisdiction 

ARTICLE  63. 

For  the  purposes  of  the  obligation  assumed  by  Germany  in  Part  VIII 
(Reparation)  of  the  present  Treaty  to  give  compensation  for  damages  caused 
to  the  civil  populations  of  the  Allied  and  Associated  countries  in  the  form 
of  fines,  the  inhabitants  of  the  territories  referred  to  in  Article  51  shall  be 
assimilated  to  the  above-mentioned  populations. 

ARTICLE  64. 

The  regulations  concerning  the  control  of  the  Rhine  and  of  the  Moselle  are 
laid  down  in  Part  XII  (Ports,  Waterways  and  Railways)  of  the  present 
Treaty. 


TREATY   OF   PEACE  501 

ARTICLE  65. 

Within  a  period  of  three  weeks  after  the  coming  into  force  of  the  present 
Treaty,  the  port  of  Strasburg  and  the  port  of  Kehl  shall  be  constituted,  for  a 
period  of  seven  years,  a  single  unit  from  the  point  of  view  of  exploitation. 

The  administration  of  this  single  unit  will  be  carried  on  by  a  manager 
named  by  the  Central  Rhine  Commission,  which  shall  also  have  power  to  re- 
move him. 

This  manager  shall  be  of  French  nationality. 

He  will  reside  in  Strasburg  and  will  be  subject  to  the  supervision  of  the 
Central  Rhine  Commission. 

There  will  be  established  in  the  two  ports  free  zones  in  conformity  with 
Part  XII  (Ports,  Waterways  and  Railways)  of  the  present  Treaty. 

A  special  Convention  between  France  and  Germany,  which  shall  be  sub- 
mitted to  the  approval  of  the  Central  Rhine  Commission,  will  fix  the  details 
of  this  organization,  particularly  as  regards  finance. 

It  is  understood  that  for  the  purpose  of  the  present  Article  the  port  of 
Kehl  includes  the  whole  of  the  area  necessary  for  the  movements  of  the  port 
and  the  trains  which  serve  it,  including  the  harbour,  quays  and  railroads, 
platforms,  cranes,  sheds  and  warehouses,  silos,  elevators  and  hydro-electric 
plants,  which  make  up  the  equipment  of  the  port. 

The  German  Government  undertakes  to  carry  out  all  measures  which  shall 
be  required  of  it  in  order  to  assure  that  all  the  making-up  and  switching  of 
trains  arriving  at  or  departing  from  Kehl,  whether  for  the  right  bank  or  the 
left  bank  of  the  Rhine,  shall  be  carried  on  in  the  best  conditions  possible. 

All  property  rights  shall  be  safeguarded.  In  particular  the  administration 
of  the  ports  shall  not  prejudice  any  property  rights  of  the  French  or  Baden 
railroads. 

Equality  of  treatment  as  respects  traffic  shall  be  assured  in  both  ports  to  the 
nationals,  vessels  and  goods  of  every  country. 

In  case  at  the  end  of  the  sixth  year  France  shall  consider  that  the  progress 
made  in  the  improvement  of  the  port  of  Strasburg  still  requires  a  prolonga- 
tion of  this  temporary  regime,  she  may  ask  for  such  prolongation  from  the 
Central  Rhine  Commission,  which  may  grant  an  extension  for  a  period  not 
exceeding  three  years. 

Throughout  the  whole  period  of  any  such  extension  the  free  zones  above 
provided  for  shall  be  maintained. 

Pending  appointment  of  the  first  manager  by  the  Central  Rhine  Commis- 
sion a  provisional  manager  who  shall  be  of  French  nationality  may  be  ap- 
pointed by  the  Principal  Allied  and  Associated  Powers  subject  to  the  fore- 
going provisions. 

For  all  purposes  of  the  present  Article  the  Central  Rhine  Commission  will 
decide  by  a  majority  of  votes. 

ARTICLE  66. 
The  railway  and  other  bridges  across  the  Rhine  now  existing  within  the 


502  INTERNATIONAL   RELATIONS 

limits  of  Alsace-Lorraine  shall,  as  to  all  their  parts  and  their  whole  length, 
be  the  property  of  the  French  State,  which  shall  ensure  their  upkeep. 

ARTICLE  67. 

The  French  Government  is  substituted  in  all  the  rights  of  the  German  Em- 
pire over  all  the  railways  which  were  administered  by  the  Imperial  railway 
administration  and  which  are  actually  working  or  under  construction. 

The  same  shall  apply  to  the  rights  of  the  Empire  with  regard  to  railway 
and  tramway  concessions  within  the  territories  referred  to  in  Article  51. 

This  substitution  shall  not  entail  any  payment  on  the  part  of  the  French 
State. 

The  frontier  railway  stations  shall  be  established  by  a  subsequent  agree- 
ment, it  being  stipulated  in  advance  that  on  the  Rhine  frontier  they  shall  be 
situated  on  the  right  bank. 

ARTICLE  68. 

In  accordance  with  the  provisions  of  Article  268  of  Chapter  I  of  Section  I 
of  Part  X  (Economic  Clauses)  of  the  present  Treaty,  for  a  period  of  five 
years  from  the  coming  into  force  of  the  present  Treaty,  natural  or  manu- 
factured products  originating  in  and  coming  from  the  territories  referred  to 
in  Article  51  shall,  on  importation  into  German  customs  territory,  be  exempt 
from  all  customs  duty. 

The  French  Government  may  fix  each  year,  by  decree  communicated  to  the 
German  Government,  the  nature  and  amount  of  the  products  which  shall  enjoy 
this  exemption. 

The  amount  of  each  product  which  may  be  thus  sent  annually  into  Germany 
shall  not  exceed  the  average  of  the  amounts  sent  annually  in  the  years  1911- 
1913- 

Further,  during  the  period  of  five  years  above-mentioned,  the  German  Gov- 
ernment shall  allow  the  free  export  from  Germany  and  the  free  reimportation 
into  Germany,  exempt  from  all  customs  duties  and  other  charges  (including 
internal  charges),  of  yarns,  tissues,  and  other  textile  materials  or  textile  prod- 
ucts of  any  kind  and  in  any  condition,  sent  from  Germany  into  the  territories 
referred  to  in  Article  51,  to  be  subjected  there  to  any  finishing  process,  such 
as  bleaching,  dyeing,  printing,  mercerization,  gassing,  twisting  or  dressing. 

ARTICLE  69. 

During  a  period  of  ten  years  from  the  coming  into  force  of  the  present 
Treaty,  central  electric  supply  works  situated  in  German  territory  and  form- 
erly furnishing  electric  power  to  the  territories  referred  to  in  Article  51  or  to 
any  establishment  the  working  of  which  passes  permanently  or  temporarily 
from  Germany  to  France,  shall  be  required  to  continue  such  supply  up  to 
the  amount  of  consumption  corresponding  to  the  undertakings  and  contracts 
current  on  November  n,  1918. 

Such  supply  shall  be  furnished  according  to  the  contracts  in  force  and  at 


TREATY   OF   PEACE  503 

a  rate  which  shall  not  be  higher  than  that  paid  to  the  said  works  by  German 
nationals. 

ARTICLE  70. 

It  is  understood  that  the  French  Government  preserves  its  right  to  prohibit 
in  the  future  in  the  territories  referred  to  in  Article  51  all  new  German  par- 
ticipation : 

(1)  In  the  management  or  exploitation  of  the  public  domain  and  of  public 
services,   such   as   railways,   navigable   waterways,   water  works,  gas  works, 
electric  power,  etc. ; 

(2)  In  the  ownership  of  mines  and  quarries  of  every  kind  and  in  enter- 
prises connected  therewith ; 

(3)  In  metallurgical  establishments,  even  though  their  working  may  not  be 
connected  with  that  of  any  mine. 

ARTICLE  71. 

As  regards  the  territories  referred  to  in  Article  51,  Germany  renounces 
on  behalf  of  herself  and  her  nationals  as  from  November  n,  1918,  all  rights 
under  the  law  of  May  25,  1910,  regarding  the  trade  in  potash  salts,  and  gen- 
erally under  any  stipulations  for  the  intervention  of  German  organisations  in 
the  working  of  the  potash  mines.  Similarly,  she  renounces  on  behalf  of  her- 
self and  her  nationals  all  rights  under  any  agreements,  stipulations  or  laws 
which  may  exist  to  her  benefit  with  regard  to  other  products  of  the  aforesaid 
territories. 

ARTICLE  72. 

The  settlement  of  the  questions  relating  to  debts  contracted  before  Novem- 
ber n,  1918,  between  the  German  Empire  and  the  German  States  or  their 
nationals  residing  in  Germany  on  the  one  part  and  Alsace-Lorrainers  residing 
in  Alsace-Lorraine  on  the  other  part  shall  be  effected  in  accordance  with  the 
provisions  of  Section  III  of  Part  X  (Economic  Clauses)  of  the  present 
Treaty,  the  expression  "before  the  war"  therein  being  replaced  by  the  expres- 
sion "before  November  n,  1918."  The  rate  of  exchange  applicable  in  the  case 
of  such  settlement  shall  be  the  average  rate  quoted  on  the  Geneva  Exchange 
during  the  month  preceding  November  n,  1918. 

There  may  be  established  in  the  territories  referred  to  in  Article  51,  for  the 
settlement  of  the  aforesaid  debts  under  the  conditions  laid  down  in  Section 
III  of  Part  X  (Economic  Clauses)  of  the  present  Treaty,  a  special  clearing 
office,  it  being  understood  that  this  office  shall  be  regarded  as  a  "central 
office"  under  the  provisions  of  paragraph  i  of  the  Annex  to  the  said  Section. 

ARTICLE  73. 

The  private  property,  rights  and  interests  of  Alsace-Lorrainers  in  Germany 
will  be  regulated  by  the  stipulations  of  Section  IV  of  Part  X  (Economic 
Clauses)  of  the  present  Treaty. 


504  INTERNATIONAL   RELATIONS 

ARTICLE  74. 

The  French  Government  reserves  the  right  to  retain  and  liquidate  all  the 
property,  rights  and  interests  which  German  nationals  or  societies  controlled 
by  Germany  possessed  in  the  territories  referred  to  in  Article  51  on  Novem- 
ber n,  1918,  subject  to  the  conditions  laid  down  in  the  last  paragraph  of 
Article  53  above. 

Germany  will  directly  compensate  her  nationals  who  may  have  been  dis- 
possessed by  the  aforesaid  liquidations. 

The  product  of  these  liquidations  shall  be  applied  in  accordance  with  the 
stipulations  of  Sections  III  and  IV  of  Part  X  (Economic  Clauses)  of  the 
present  Treaty. 

ARTICLE  75. 

Notwithstanding  the  stipulation  of  Section  V  of  Part  X  (Economic 
Clauses)  of  the  present  Treaty,  all  contracts  made  before  the  date  of  the 
promulgation  in  Alsace-Lorraine  of  the  French  decree  of  November  30, 
1918,  between  Alsace-Lorrainers  (whether  individuals  or  juridical  persons) 
or  others  resident  in  Alsace-Lorraine  on  the  one  part  and  the  German  Empire 
or  German  States  and  their  nationals  resident  in  Germany  on  the  other  part, 
the  execution  of  which  has  been  suspended  by  the  Armistice  or  by  subsequent 
French  legislation,  shall  be  maintained. 

Nevertheless,  any  contract  of  which  the  French  Government  shall  notify 
the  cancellation  to  Germany  in  the  general  interest  within  a  period  of  six 
months  from  the  date  of  the  coming  into  force  of  the  present  Treaty,  shall 
be  annulled  except  in  respect  of  any  debt  or  other  pecuniary  obligation  aris- 
ing out  of  any  act  done  or  money  paid  thereunder  before  November  n.  1918. 
If  this  dissolution  would  cause  one  of  the  parties  substantial  pre.iudice, 
equitable  compensation,  calculated  solely  on  the  capital  employed  without 
taking  account  of  loss  of  profits,  shall  be  accorded  to  the  prejudiced  party.  ' 

With  regard  to  prescriptions;  limitations  and  forfeitures  in  Alsace-Lor- 
raine, the  provisions  of  Articles  300  and  301  of  Section  V  of  Part  X 
(Economic  Clauses)  shall  be  applied  with  the  substitution  for  the  expression 
"outbreak  of  war"  of  the  expression  "November  n,  1918,"  and  for  the 
expression  "duration  of  the  war"  of  the  expression  "period  from  November 
II,  1918,  to  the  date  of  the  coming  into  force  of  the  present  Treaty." 

ARTICLE  76. 

Questions  concerning  rights  in  industrial,  literary  or  artistic  property  of 
Alsace-Lorrainers  shall  be  regulated  in  accordance  with  the  general  stipula- 
tions of  Section  VII  of  Part  X  (Economic  Clauses)  of  the  present  Treaty, 
it  being  understood  that  Alsace-Lorrainers  holding  rights  of  this  nature 
under  German  legislation  will  preserve  full  and  entire  enjoyment  of  those 
rights  on  German  territory. 

ARTICLE  77. 

The  German  Government  undertakes  to  pay  over  to  the  French  Govern- 
ment such  proportion  of  all  reserves  accumulated  by  the  Empire  or  by  public 


TREATY   OF   PEACE  505 

or  private  bodies  dependent  upon  it,  for  the  purposes  of  disability  and  old 
age  insurance,  as  would  fall  to  the  disability  and  old  age  insurance  fund 
at  Strasburg. 

The  same  shall  apply  in  respect  of  the  capital  and  reserves  accumulated 
in  Germany  falling  legitimately  to  Qther  social  insurance,  funds,  to  miners' 
superannuation  funds,  to  the  fund  of  the  railways  of  Alsace-Lorraine,  to 
other  superannuation  organisations  established  for  the  benefit  of  the  personnel 
of  public  administrations  and  institutions  operating  in  Alsace-Lorraine,  and 
also  in  respect  of  the  capital  and  reserves  due  by  the  insurance  fund  of 
private  employees  at  Berlin,  by  reason  of  engagements  entered  into  for  the 
benefit  of  insured  persons  of  that  category  resident  in  Alsace-Lorraine. 

A  special  Convention  shall  determine  the  conditions  and  procedure  of 
these  transfers. 

ARTICLE  78. 

With  regard  to  the  execution  of  judgments,  appeals  and  prosecutions,  the 
following  rules  shall  be  applied : 

(1)  All  civil  and  commercial  judgments  which  shall  have  been  given  since 
August  3,  1914,  by  the  Courts  of  Alsace-Lorraine  between  Alsace-Lorrainers, 
or   between  Alsace-Lorrainers   and    foreigners,    or  between    foreigners,   and 
which  shall  not  have  been  appealed  from  before  November  n,  1918,  shall  be 
regarded  as   final  and   susceptible   of   immediate   execution   without    further 
formality. 

When  the  judgment  has  been  given  between  Alsace-Lorrainers  and  Ger- 
mans or  between  Alsace-Lorrainers  and  subjects  of  the  allies  of  Germany, 
it  shall  only  be  capable  of  execution  after  the  issue  of  an  exequatur  by  the 
corresponding  new  tribunal  in  the  restored  territory  referred  to  in  Article  51. 

(2)  All  judgments  given  by  German  Courts  since  August  3,  1914,  against 
Alsace-Lorrainers  for  political  crimes  or  misdemeanors  shall  be  regarded  as 
null  and  void. 

(3)  All  sentences  passed  since  November  n,  1918,  by  the  Court  of  the 
Empire  at  Leipzig  on  appeals  against  the  decisions  of  the  Courts  of  Alsace- 
Lorraine  shall  be  regarded  as  null  and  void  and  shall  be  so  pronounced.    The 
papers  in  regard  to  the  cases  in  which  such  sentences  have  been  given  shall 
be  returned  to  the  Courts  of  Alsace-Lorraine  concerned. 

All  appeals  to  the  Court  of  the  Empire  against  decisions  of  the  Courts  of 
Alsace-Lorraine  shall  be  suspended.  The  papers  shall  be  returned  under  the 
aforesaid  conditions  for  transfer  without  delay  to  the  French  Cour  de 
Cassation,  which  shall  be  competent  to  decide  them. 

(4)  All  prosecutions  in  Alsace-Lorraine  for  offences  committed  during  the 
period  between  November  II,  1918,  and  the  coming  into  force  of  the  present 
Treaty  will  be  conducted  under  German  law  except  in  so  far  as  this  has  been 
modified  by  decrees  duly  published  on  the  spot  by  the  French  authorities. 

(5)  AH  other  questions  as  to  competence,  procedure  or  administration  of 
justice  shall  be  determined  by  a   special   Convention   between   France   and 
Germany. 


506  INTERNATIONAL   RELATIONS 

ARTICLE  79. 

The  stipulations  as  to  nationality  contained  in  the  Annex  hereto  shall  be 
considered  as  of  equal  force  with  the  provisions  of  the  present  Section. 

All  other  questions  concerning  Alsace-Lorraine  which  are  not  regulated 
by  the  present  Section  and  the  Annex  'thereto  or  by  the  general  provisions 
of  the  present  Treaty  will  form  the  subject  of  further  conventions  between 
France  and  Germany. 

ANNEX. 

• 

1.  As  from  November  n,  1918,  the  following  persons  are  ipso  facto  rein- 
stated in  French  nationality : 

(1)  Persons  who  lost  French  nationality  by  the  application  of  the  Franco- 
German  Treaty  of  May  10,  1871,  and  who  have  not  since  that  date  acquired 
any  nationality  other  than  German ; 

(2)  The  legitimate  or  natural  descendants  of  the  persons  referred  to  in 
the  immediately  preceding  paragraph,   with   the   exception  of   those   whose 
ascendants  in  the  paternal  line  include  a  German  who  migrated  into  Alsace- 
Lorraine  after  July  15,  1870; 

(3)  All  persons  born  in  Alsace-Lorraine  of  unknown  parents,  or  whose 
nationality  is  unknown. 

2.  Within  the  period  of  one  year  from  the  coming  into  force  of  the  present 
Treaty,   persons    included   in   any   of   the   following   categories   may   claim 
French  nationality : 

(1)  All  persons   not  restored  to  French  nationality  under  paragraph   I 
above,  whose  ascendants  include  a  Frenchman  or  Frenchwoman   who  lost 
French  nationality  under  the  conditions  referred  to  in  the  said  paragraph ; 

(2)  All  foreigners,  not  nationals  of  a  German  State,  who  acquired  the 
status  of  a  citizen  of  Alsace-Lorraine  before  August  3,  1914; 

(3)  All    Germans    domiciled   in    Alsace-Lorraine,    if    they   have    been    so 
domiciled  since  a  date  previous  to  July  15,  1870,  or  if  one  of  their  ascendants 
was  at  that  date  domiciled  in  Alsace-Lorraine; 

(4)  "All  Germans  born  or  domiciled  in  Alsace-Lorraine  who  have  served 
in    the    Allied    or    Associated    armies    during    the    present    war,    and    their 
descendants ; 

(5)  All  persons  born  in  Alsace-Lorraine  before  May  10,  1871,  of  foreign 
parents,  and  the  descendants  of  such  persons ; 

(6)  The  husband  or  wife  of  any  person  whose  French  nationality  may 
have   been   restored   under   paragraph    i,   or   who   may   have   claimed   and 
obtained  French  nationality  in  accordance  with  the  preceding  provisions. 

The  legal  representative  of  a  minor  may  exercise,  on  behalf  of  that  minor, 
the  right  to  claim  French  nationality ;  and  if  that  right  has  not  been  exercised, 
the  minor  may  claim  French  nationality  within  the  year  following  his 
majority. 

Except  in  the  cases  provided  for  in  No.  (6)  of  the  present  paragraph,  the 
French  authorities  reserve  to  themselves  the  right,  in  individual  cases,  to 
reject  the  claim  to  French  nationality. 


TREATY   OF   PEACE  507 

3.  Subject  to  the  provisions  of  paragraph  2,  Germans  born  or  domiciled  in 
Alsace-Lorraine  shall  not  acquire  French  nationality  by  reason  of  the 
restoration  of  Alsace-Lorraine  to  France,  even  though  they  may  have  the 
status  of  citizens  of  Alsace-Lorraine. 

They  may  acquire  French  nationality  only  by  naturalisation,  on  condition 
of  having  been  domiciled  in  Alsace-Lorraine  from  a  date  previous  to  August 
3,  1914,  and  of  submitting  proof  of  unbroken  residence  within  the  restored 
territory  for  a  period  of  three  years  from  November  n,  1918. 

France  will  be  solely  responsible  for  their  diplomatic  and  consular  protec- 
tion from  the  date  of  their  application  for  French  naturalisation. 

The  French  Government  shall  determine  the  procedure  by  which  reinstate- 
ment in  French  nationality  as  of  right  shall  be  effected,  and  the  conditions 
under  which  decisions  shall  be  given  upon  claims  to  such  nationality  and 
applications  for  naturalisation,  as  provided  by  the  present  Annex. 

SECTION  VI. 
AUSTRIA. 


ARTICLE  80. 

Germany  acknowledges  and  will  respect  strictly  the  independence  of 
Austria,  within  the  frontiers  which  may  be  fixed  in  a  Treaty  between  that 
State  and  the  Principal  Allied  and  Associated  Powers;  she  agrees  that  this 
independence  shall  be  inalienable,  except  with  the  consent  of  the  Council 
of  the  League  of  Nations. 

SECTION  VII. 
CZECHO-SLOVAK  STATE. 


ARTICLE  81. 

Germany,  in  conformity  with  the  action  already  taken  by  the  Allied  and 
Associated  Powers,  recognizes  the  complete  independence  of  the  Czecho- 
slovak State  which  will  include  the  autonomous  territory  of  the  Ruthenians 
to  the  south  of  the  Carpathians.  Germany  hereby  recognizes  the  frontiers 
of  this  State  as  determined  by  the  Principal  Allied  and  Associated  -Powers 
and  the  other  interested  States. 

ARTICLE  82. 

The  old  frontier  as  it  existed  on  August  3,  1914,  between  Austria-Hungary 
arid  the  German  Empire  will  constitute  the  frontier  between  Germany  and 
the  Czecno-Slovak  State. 

ARTICLE  83. 

Germany  renounces  in  favour  of  the  Czecho-Slovak  State  all  rights  and 
title  over  the  portion  of  Silesian  territory  defined  as  follows : 


5o8  INTERNATIONAL   RELATIONS 

starting  from  a  point  about  2  kilometres  south-east  of  Kdtscher,  on  the 
boundary  between  the  Krcise  of  Leobschiitz  and  Ratibor : 

the  boundary  between  the  two  Kreise; 

then  the  former  boundary  between  Germany  and  Austria-Hungary  up  to 
a  point  on  the  Oder  immediately  to  the  south  of  the  Ratibor-Oderberg 
railway ; 

thence,  towards  the  north-west  and  up  to  a  point  about  2  kilometres  to 
the  south-east  of  Katscher : 

a  line  to  be  fixed  on  the  spot  passing  to  the  west  of  Kranowitz. 

A  Commission  composed  of  seven  members,  five  nominated  by  the  Principal 
Allied  and  Associated  Powers,  one  by  Poland  and  one  by  the  Czecho-Slovak 
State,  will  be  appointed  fifteen  days  after  the  coming  into  force  of  the 
present  Treaty  to  trace  on  the  spot  the  frontier  line  between  Poland  and 
the  Czecho-Slovak  State. 

The  decisions  of  this  Commission  will  be  taken  by  a  majority  and  shall 
be  binding  on  the  parties  concerned. 

Germany  hereby  agrees  to  renounce  in  favour  of  the  Czecho-Slovak  State 
all  rights  and  title  over  the  part  of  the  Kreis  of  Leobschiitz  comprised  within 
the  following  boundaries  in  case  after  the  determination  of  the  frontier 
between  Germany  and  Poland  the  said  part  of  that  Kreis  should  become 
isolated  from  Germany : 

from  the  south-eastern  extremity  of  the  salient  of  the  former  Austrian 
frontier  at  about  5  kilometres  to  the  west  of  Leobschiitz  southwards  and 
up  to  the  point  of  junction  with  the  boundary  between  the  Kreise  of 
Leobschutz  and  Ratibor : 

the  former  frontier  between  Germany  and  Austria-Hungary; 

then,  northwards,  the  administrative  boundary  between  the  Krcise  of 
Leobschutz  and  Ratibor  up  to  a  point  situated  about  2  kilometres  to  the 
south-east  of  Katscher; 

thence,  north-westwards  and   up  to  the   starting-point  of  this  definition : 

a  line  to  be  fixed  on  the  spot  passing  to  the  east  of  Katscher. 

ARTICLE  84. 

German  nationals  habitually  resident  in  any  of  the  territories  recognized 
as  forming  a  part  of  the  Czecho-Slovak  State  will  obtain  Czecho-Slovak 
nationality  ipso  facto  and  lose  their  German  nationality. 

ARTICLE  85. 

Within  a  period  of  two  years  from  the  coming  into  force  of  the  present 
Treaty,  German  nationals  over  eighteen  years  of  age  habitually  resident  in 
any  of  the  territories  recognized  as  forming  part  of  the  Czecho-Slovak 
State  will  be  entitled  to  opt  for  German  nationality.  Czecho-Slovaks  who 
are  German  nationals  and  are  habitually  resident  in  Germany  will  have  a 
similar  right  to  opt  far  Czecho-Slovak  nationality. 

Option  by  a  husband  will  cover  his  wife  and  option  by  parents  will  cover 
their  children  under  eighteen  years  of  age. 


TREATY   OF   PEACE  509 

Persons  who  have  exercised  the  alxive  right  to  opt  must  within  the  suc- 
ceeding twelve  months  transfer  their  place  of  residence  to  the  State  for  which 
they  have  opted. 

They  will  be  entitled  to  retain  their  landed  property  in  the  territory  of  the 
other  State  where  they  had  their  place  of  residence  before  exercising  the 
right  to  opt.  They  may  carry  with  them  their  moveable  property  of  every 
description.  No  export  or  import  duties  may  be  imposed  upon  them  in  con- 
nection with  the  removal  of  such  property. 

Within  the  same  period  Czecho-Slovaks  who  are  German  nationals  and 
are  in  a  foreign  country  will  be  entitled,  in  the  absence  of  any  provisions  to 
the  contrary  in  the  foreign  law,  and  if  they  have  not  acquired  the  foreign 
nationality,  to  obtain  Czecho-Slovak  nationality  and  lose  their  German 
nationality  by  complying  with  the  requirements  laid  down  by  the  Czecho- 
slovak State. 

ARTICLE  86. 

The  Czecho-Slovak  State  accepts  and  agrees  to  embody  in  a  Treaty  with 
the  Principal  Allied  and  Associated  Powers  such  provisions  as  may  be 
deemed  necessary  by  the  said  Powers  to  protect  the  interests  of  inhabitants 
of  that  State  who  differ  from  the  majority  of  the  population  in  race,  lan- 
guage or  religion. 

The  Czecho-Slovak  State  further  accepts  and  agrees  to  embody  in  a  Treaty 
with  the  said  Powers  such  provisions  as  they  may  deem  necessary  to  protect 
freedom  of  transit  and  equitable  treatment  of  the  commerce  of  other  nations. 

The  proportion  and  nature  of  the  financial  obligations  of  Germany  and 
•Prussia  which  the  Czecho-Slovak  State  will  have  to  assume  on  account  of 
the  Silesian  territory  placed  under  its  sovereignty  will  be  determined  in 
accordance  with  Article  254  of  Part  IX  (Financial  Clauses)  of  the  present 
Treaty. 

Subsequent  agreements  will  decide  all  questions  not  decided  by  the  present 
Treaty  which  may  arise  in  consequence  of  the  cession  of  the  said  territory. 

SECTION  VIII. 
POLAND. 

ARTICLE  87. 

Germany,  in  conformity  with  the  action  already  taken  by  the  Allied  and 
Associated  Powers,  recognizes  the  complete  independence  of  Poland,  and 
renounces  in  her  favour  all  rights  and  title  over  the  territory  bounded  by  the 
Baltic  Sea,  the  eastern  frontier  of  Germany  as  laid  down  in  Article  27  of 
Part  II  (Boundaries  of  Germany)  of  the  present  Treaty  up  to  a  point  sit- 
uated about  2  kilometres  to  the  east  of  Lorzendorf,  then  a  line  to  the  acute 
angle  which  the  northern  boundary  of  Upper  Silesia  makes  about  3  kilo- 
metres north-west  of  Simmenau,  then  the  boundary  of  Upper  Silesia  to  its 
meeting  point  with  the  old  frontier  between  Germany  and  Russia,  then  this 
frontier  to  the  point  where  it  crosses  the  course  of  the  Niemen,  and  then  the 


5io  INTERNATIONAL   RELATIONS 

northern  frontier  of  East  Prussia  as  laid  down  in  Article  28  of  Part  II 
aforesaid. 

The  provisions  of  this  Article  do  not,  however,  apply  to  the  territories  of 
East  Prussia  and  the  Free  City  of  Danzig,  as  denned  in  Article  28  of  Part  II 
(Boundaries  of  Germany)  and  in  Article  100  of  Section  XI  (Danzig)  of 
this  Part. 

The  boundaries  of  Poland  not  laid  down  in  the  present  Treaty  will  be 
subsequently  determined  by  the  Principal  Allied  and  Associated  Powers. 

A  Commission  consisting  of  seven  members,  five  of  whom  shall  be  nomi- 
nated by  the  Principal  Allied  and  Associated  Powers,  one  by  Germany  and 
one  by  Poland,  shall  be  constituted  fifteen  days  after  the  coming  into  force 
of  the  present  Treaty  to  delimit  on  the  spot  the  frontier  line  between  Poland 
and  Germany. 

The  decisions  of  the  Commission  will  be  taken  by  a  majority  of  votes  and 
shall  be  binding  upon  the  parties  concerned. 

ARTICLE  88. 

In  the  portion  of  Upper  Silesia  included  within  the  boundaries  described 
below,  the  inhabitants  will  be  called  upon  to  indicate  by  a  vote  whether  they 
wish  to  be  attached  to  Germany  or  to  Poland : 

starting  from  the  northern  point  of  the  salient  of  the  old  province  of 
Austrian  Silesia  situated  about  8  kilometres  east  of  Neustadt,  the  former 
frontier  between  Germany  and  Austria  to  its  junction  with  the  boundary 
between  the  Kreise  of  Leobschiitz  and  Ratibor; 

thence  in  a  northerly  direction  to  a  point  about  2  kilometres  south-east 
of  Katscher : 

the  boundary  between  the  Kreise  of  Loebschiitz  and  Ratibor ; 

thence  in  a  south-easterly  direction  to  a  point  on  the  course  of  the  Oder 
immediately  south  of  the  Ratibor-Oderberg  railway: 

a  line  to  be  fixed  on  the  ground  passing  south  of  Kranowitz ; 

thence  the  old  boundary  between  Germany  and  Austria,  then  the  old 
boundary  between  Germany  and  Russia  to  its  junction  with  the  adminis- 
trative boundary  between  Posnania  and  Upper  Silesia ; 

thence  this  administrative  boundary  to  its  junction  with  the  administrative 
boundary  between  Upper  and  Middle  Silesia ; 

thence  westwards  to  the  point  where  the  administrative  boundary  turns  in 
an  acute  angle  to  the  south-east  about  3  kilometres  north-west  of  Simmenau : 

the  boundary  between  Upper  and  Middle  Silesia ; 

then  in  a  westerly  direction  to  a  point  to  be  fixed  on  the  ground  about  2 
kilometres  east  of  Lorzendorf  : 

a  line  to  be  fixed  on  the  ground  passing  north  of  Klein  Hennersdorf : 

thence  southwards  to  the  point  where  the  boundary  between  Upper  and 
Middle  Silesia  cuts  the  Stadtel-Karlsruhe  road : 

a  line  to  be  fixed  on  the  ground  passing  west  of  Hennersdorf,  Polkowitz, 
Noldau,  Steinersdorf  and  Dammer,  and  east  of  Strehlitz,  Nassadel,  Eckers- 
dorf,  Schwirz  and  Stadtel; 


TREATY   OF   PEACE  511 

thence  the  boundary  between  Upper  and  Middle  Silesia  to  its  junction  with 
the  eastern  boundary  of  the  Krcis  of  Falkenberg; 

then  the  eastern  boundary  of  the  Kreis  of  Falkenberg  to  the  point  of  the 
salient  which  is  3  kilometres  east  of  Puschine ; 

thence  to  the  northern  point  of  the  salient  of  the  old  province  of  Austrian 
Silesia  situated  about  8  kilometres  east  of  Neustadt : 

a  line  to  be  fixed  on  the  ground  passing  east  of  Ziilz. 

The  regime  under  which  this  plebiscite  will  be  taken  and  given  effect  to  is 
laid  down  in  the  Annex  hereto. 

The  Polish  and  German  Governments  hereby  respectively  bind  themselves 
to  conduct  no  prosecutions  on  any  part  of  their  territory  and  to  take  no 
exceptional  proceedings  for  any  political  action  performed  in  Upper  Silesia 
during  the  period  of  the  regime  laid  down  in  the  Annex  hereto  and  up  to 
the  settlement  of  the  final  status  of  the  country. 

Germany  hereby  renounces  in  favour  of  Poland  all  rights  and  title  over 
the  portion  of  Upper  Silesia  lying  beyond  the  frontier  line  fixed  by  the 
Principal  Allied  and  Associated  "Powers  as  the  result  of  the  plebiscite. 

ANNEX. 

1.  Within  fifteen  days  from  the  coming  into  force  of  the  present  Treaty 
the  German  troops  and  such  officials  as  may  be  designated  by  the  Commission 
set  up  under  the  provisions  of  paragraph  2  shall  evacuate  the  plebiscite  area. 
Up  to  the  moment  of  the  completion  of  the  evacuation  they  shall  refrain  from 
any  form  of  requisitioning  in  money  or  in  kind  and  from  all  acts  likely  to 
prejudice  the  material  interests  of  the  country. 

Within  the  same  period  the  Workmen's  and  Soldiers'  Councils  which  have 
been  constituted  in  this  area  shall  be  dissolved.  Members  of  such  Councils 
who  are  natives  of  another  region  and  are  exercising  their  functions  at  the 
date  of  the  coming  into  force  of  the  present  Treaty,  or  who  have  gone  out 
of  office  since  March  i,  1919,  shall  be  evacuated. 

All  military  and  semi-military  unions  formed  in  the  said  area  by  inhabi- 
tants of  the  district  shall  be  immediately  disbanded.  All  members  of  such 
military  organizations  who  are  not  domiciled  in  the  said  area  shall  be  re- 
quired to  leave  it. 

2.  The  plebiscite  area  shall  be  immediately  placed  under  the  authority  of  an 
International  Commission  of  four  members  to  be  designated  by  the  follow- 
ing Powers:    the  United  States  of  America,  France,  the  British  Empire  and 
Italy.    It  shall  be  occupied  by  troops  belonging  to  the  Allied  and  Associated 
Powers,  and  the  German  Government  undertakes  to  give  facilities  for  the 
transference  of  these  troops  to  Upper  Silesia. 

3.  The  Commission  shall  enjoy  all  the  powers  exercised  by  the  German  01 
the  Prussian  Government,  except  those  of  legislation  or  taxation.     It  shall 
also  be  substituted  for  the  Government  of  the  province  and  the  Regierungs- 
bezirk. 

It   shall  be   within   the   competence  of   the   Commission   to   interpret  the 


5i2  INTERNATIONAL   RELATIONS 

powers  hereby  conferred  upon  it  and  to  determine  to  what  extent  it  shall 
exercise  them,  and  to  what  extent  they  shall  be  left  in  the  hands  of  the 
existing  authorities. 

Changes  in  the  existing  laws  and  the  existing  taxation  shall  only  be  brought 
into  force  with  the  consent  of  the  Commission. 

The  Commission  will  maintain  order  with  the  help  of  the  troops  which 
will  be  at  its  disposal,  and,  to  the  extent  which  it  may  deem  necessary,  by 
means  of  gendarmerie  recruited  among  the  inhabitants  of  the  country. 

The  Commission  shall  provide  immediately  for  the  replacement  of  the 
evacuated  German  officials  and,  if  occasion  arises,  shall  itself  order  the 
evacuation  of  such  authorities  and  proceed  to  the  replacement  of  such  local 
authorities  as  may  be  required. 

It  shall  take  all  steps  which  it  thinks  proper  to  ensure  the  freedom,  fair- 
ness and  secrecy  of  the  vote.  In  particular,  it  shall  have  the  right  to  order 
the  expulsion  of  any  person  who  may  in  any  way  have  attemped  to  distort 
the  result  of  the  plebiscite  by  methods  of  corruption  or  intimidation. 

The  Commission  shall  have  full  power  to  settle  all  questions  arising  from 
the  execution  of  the  present  clauses.  It  shall  be  assisted  by  technical  ad- 
visors chosen  by  it  from  among  the  local  population. 

The  decisions  of  the  Commission  shall  be  taken  by  a  majority  vote. 

4.  The  vote  shall  take  place  at  such   date  as  may  be  determined  by  the 
Principal   Allied  and  Associated   Powers,   but   not   soaner  than  six   months 
or  later  than  eighteen  months  after  the  establishment  of  the  Commission  in 
the  area. 

The  right  to  vote  shall  be  given  to  all  persons  without  distinction  of  sex 
who: 

(a)  Have  completed  their  twentieth  year  on  the  ist  January  of  the  year 
in  which  the  plebiscite  takes  place ; 

(£)  Were  born  in  the  plebiscite  area  or  have  been  domiciled  there  since 
a  date  to  be  determined  by  the  Commission,  which  shall  not  be  subsequent  to 
January  I,  1919,  or  who  have  been  expelled  by  the  German  authorities  and 
have  not  retained  their  domicile  there. 

Persons  convicted  of  political  offences  shall  be  enabled  to  exercise  their 
right  of  voting. 

Every  person  will  vote  in  the  commune  where  he  is  domiciled  or  in  which 
he  was  born,  if  he  has  not  retained  his  domicile  in  the  area. 

The  result  of  the  vote  will  be  determined  by  communes  according  to  the 
majority  of  votes  in  each  commune. 

5.  On   the   conclusion   of   the   voting,   the   number   of    votes   cast   in    each 
commune  will  be  communicated  by  the  Commission  to  the  Principal  Allied 
ard  Associated  Powers,  with  a  full  report  as  to  the  taking  of  the  vote  and 
a  recommendation  as  to  the  line  which  ought  to  be  adopted  as  the  frontier  of 
Cermany  in  Upper  Silesia.     In  this  recommendation  regard  will  be  paid  to 
the  wishes  oi  the  inhabitants  as  shown  by  the  vote,  and  to  the  geographical 
and  economic  conditions  of  the  locality. 


TREATY   OF   PEACE  513 

6.  As  soon  as  the  frontier  has  been  fixed  by  the  Principal  Allied  and 
Associated  Powers,  the  German  authorities  will  be  notified  by  the  Inter- 
national Commission  that  they  are  free  to  take  over  the  administration  of 
the  territory  which  it  is  recognised  should  be  German;  the  said  authorities 
must  proceed  to  do  so  within  one  month  of  such  notification  and  in  the 
mai.ner  prescribed  by  the  Commission. 

\\  ithm  the  same  period  and  in  the  manner  prescribed  by  the  Commission, 
the  Polish  Government  must  proceed  to  take  over  the  administration  of  the 
territory  which  it  is  recognised  should  be  Polish. 

When  the  administration  of  the  territory  has  been  provided  for  by  the 
German  and  Polish  authorities  respectively,  the  powers  of  the  Commission 
will  terminate. 

The  cost  of  the  army  of  occupation  and  expenditure  by  the  Commission, 
whether  in  discharge  of  its  own  functions  or  in  the  administration  of  the 
territory,  will  be  a  charge  on  the  area. 

ARTICLE  89. 

Poland  undertakes  to  accord  freedom  of  transit  to  persons,  goods,  vessels, 
carriages,  wagons  and  mails  in  transit  between  East  Prussia  and  the  rest  of 
I  ermany  over  Polish  territory,  including  territorial  waters,  and  to  treat  them 
at  least  as  favourably  as  the  persons,  goods,  vessels,  carriages,  wagons  and 
mails  respectively  of  Polish  or  of  any  other  more  favoured  nationality, 
origin,  importation,  starting  point,  or  ownerships  as  regards  facilities,  restric- 
tions and  all  other  matters. 

Goods  in  transit  shall  be  exempt  from  all  customs  or  other  similar  duties. 

Freedom  of  transit  will  extend  to  telegraphic  and  telephonic  services 
under  the  conditions  laid  down  by  the  conventions  referred  to  in  Article  98. 

ARTICLE  90. 

Poland  undertakes  to  permit  for  a  period  of  fifteen  years  the  exportation 
to  Germany  of  the  products  of  the  mines  in  any  part  of  Upper  Silesia 
transferred  to  Poland  in  accordance  with  the  present  Treaty. 

Such  products  shall  be  free  from  all  export  duties  or  other  charges  or 
restrictions  on  exportation. 

Poland  agrees  to  take  such  steps  as  may  be  necessary  to  secure  that  any 
such  products  shall  be  available  for  sale  to  purchasers  in  Germany  on  terms 
as  favourable  as  are  applicable  to  like  products  sold  under  similar  conditions 
to  purchasers  in  Poland  or  in  any  other  country. 

ARTICLE  91. 

German  nationals  habitually  resident  in  territories  recognised  as  forming 
part  of  Poland  will  acquire  Polish  nationality  ipso  facto  and  will  lose  their 
German  nationality. 

German  nationals,  however,  or  their  descendants  who  became  resident  in 


514  INTERNATIONAL   RELATIONS 

these  territories   after  January    I,    1908,   will  not   acquire   Polish  nationality 
without  a  special  authorisation   from  the  Polish  State. 

Within  a  period  of  two  years  after  the  coming  into  force  of  the  present 
Treaty,  German  nationals  over  18  years  of  age  habitually  resident  in  any  of 
the  territories  recognised  as  forming  part  of  Poland  will  be  entitled  to  opt  for 
German  nationality. 

Poles  who  are  German  nationals  over  18  years  of  age  and  habitually  resi- 
dent in  Germany  will  have  a  similar  right  to  opt  for  Polish  nationality. 

Option  by  a  husband  will  cover  his  wife  and  option  by  parents  will  cover 
their  children  under  18  years  of  age. 

Persons  who  have  exercised  the  above  right  to  opt  may  within  the  succeed- 
ing twelve  months  transfer  their  place  of  residence  to  the  State  for  which 
they  have  opted. 

They  will  be  entitled  to  retain  their  immovable  property  in  the  territory  of 
the  other  State  where  they  had  their  place  of  residence  before  exercising 
the  right  to  opt. 

They  may  carry  with  them  their  movable  property  of  every  description. 
No  export  or  import  duties  or  charges  may  be  imposed  upon  them  in  con- 
nection with  the  removal  of  such  property. 

(Within  the  same  period  Poles  who  are  German  nationals  and  are  in  a 
foreign  country  will  be  entitled,  in  the  absence  of  any  provisions  to  the  con- 
trary in  the  foreign  law,  and  if  they  have  not  acquired  the  foreign  nationality, 
to  obtain  Polish  nationality  and  to  lose  their  German  nationality  by  complying 
with  the  requirements  laid  down  by  the  Polish  State. 

In  the  portion  of  Upper  Silesia  submitted  to  a  plebiscite  the  provisions  of 
this  Article  shall  only  come  into  force  as  from  the  definitive  attribution  of 
the  territory. 

AKTICI<E  92. 

The  proportion  and  the  nature  of  the  financial  liabilities  of  Germany  and 
Prussia  which  are  to  be  borne  by  Poland  will  be  determined  in  accordance 
with  Article  254  of  Part  IX  (Financial  Clauses)  of  the  present  Treaty. 

There  shall  be  excluded  from  the  share  of  such  financial  liabilities  assumed 
by  Poland  that  portion  of  the  debt  which,  according  to  the  finding  of  the 
Reparation  Comrrris'sion  referred  to  in  the  above-mentioned  Article,  arises 
from  measures  adopted  by  the  German  and  Prussian  Governments  with  a 
view  to  German  colonisation  in  Poland. 

In  fixing  under  Article  256  of  the  present  treaty  the  value  of  the'  property 
and  possessions  belonging  to  the  German  Empire  and  to  the  German  States 
which  pass  to  Poland  with  the  territory  transferred  above,  the  Reparation 
Commission  shall  exclude  from  the  valuation  buildings,  forests  and  other 
State  property  which  belonged  to  the  former  Kingdom  of  Poland;  Poland 
shall  acquire  these  properties  free  of  all  costs  and  charges. 

In  all  the  German  territory  transferred  in  accordance  with  the  present 
Treaty  and  recognised  as  forming  definitively  part  of  Poland,  the  property, 
rights  and  interests  of  German  nationals  shall  not  be  liquidated  under  Article 


TREATY  OF   PEACE  515 

297  by  the  Polish  Government  except  in  accordance  with  the  following  pro- 
visions: 

(1)  The  proceeds  of  the  liquidation  shall  be  paid  direct  to  the  owner; 

(2)  If  on  his  application  the  Mixed  Arbitral  Tribunal  provided  for  by  Sec- 
tion VI  of  Part  X  (Economic  Clauses)  of  the  present  Treaty,  or  an  arbitrator 
appointed  by  that  Tribunal,  is  satisfied  that  the  conditions  of  the  sale  or 
measures  taken  by  the  Polish  Government  outside  its  general  legislation  were 
unfairly  prejudicial  to  the  price  obtained,  they  shall  have  discretion  to  award 
to  the  owner  equitable  compensation  to  be  paid  by  the  Polish  Government. 

Further  agreements  will  regulate  all  questions  arising  out  of  the  cession  of 
the  above  territory  which  are  not  regulated  by  the  present  Treaty. 

ARTICLE  93. 

Poland  accepts  and  agrees  to  embody  in  a  Treaty  with  the  Principal  Allied 
and  Associated  Powers  such  provisions  as  may  be  deemed  necessary  by  the 
said  Powers  to  protect  the  interests  of  inhabitants  of  Poland  who  differ  from 
the  majority  of  the  population  in  race,  language  or  religion. 

Poland  further  accepts  and  agrees  to  embody  in  a  Treaty  with  the  said 
Powers  such  provisions  as  they  may  deem  necessary  to  protect  freedom  of 
transit  and  equitable  treatment  of  the  commerce  of  other  nations. 


SECTION  IX. 
EAST  PRUSSIA. 


ARTICLE  94. 

In  the  area  between  the  southern  frontier  of  East  Prussia,  as  described 
in  Article  28  of  Part  II  (Boundaries  of  Germany)  of  the  present  treaty,  and 
the  line  described  below,  the  inhabitants  will  be  called  upon  to  indicate  by  a 
vote  the  State  to  which  they  wish  to  belong: 

The  western  and  northern  boundary  of  Regierungsbezirk  Allenstein  to  its 
junction  with  the  boundary  betweeen  the  Kreise  of  Oletsko  and  Angerburg; 
thence,  the  northern  boundary  of  the  Krcis  of  Oletsko  to  its  junction  with 
the  old  frontier  of  East  Prussia. 

ARTICLE  95. 

The  German  troops  and  authorities  will  be  withdrawn  from  the  area  de- 
fined above  within  a  period  not  exceeding  fifteen  days  after  the  coming  into 
force  of  the  present  Treaty.  Until  the  evacuation  is  completed  they  will  ab- 
stain from  all  requisitions  in  money  or  in  kind  and  from  all  measures  in- 
jurious to  the  economic  interests  of  the  country. 

On  the  expiration  of  the  above-mentioned  period  the  said  area  will  be  placed 


5i6  INTERNATIONAL   RELATIONS 

under  the  authority  of  an  International  Commission  of  five  members  appointed 
by  the  Principal  Allied  and  Associated  Powers.  This  Commission  will  have 
general  powers  of  administration  and,  in  particular,  will  be  charged  with 
the  duty  of  arranging  for  the  vote  and  of  taking  such  measures  as  it  may 
deem  necessary  to  ensure  its  freedom,  fairness  and  secrecy.  The  Commission 
will  have  all  necessary  authority  to  decide  any  questions  to  which  the  execu- 
tion of  these  provisions  may  give  rise.  The  Commission  will  make  such 
arrangements  as  may  be  necessary  for  assistance  in  the  exercise  of  its  func- 
tions by  officials  chosen  by  itself  from  the  local  population.  Its  decisions  will 
be  taken  by  a  majority. 

Fvery  person,  irrespective  of  sex,  will  be  entitled  to  vote  who : 

(a)  Is  20  years  of  age  at  the  date  of  the  coming  into  force  of  the  present 
Treaty,  and 

(b)  Was  born  within  the  area  where  the  vote  will  take  place  or  has  been 
habitually  resident  there  from  a  date  to  be  fixed  by  the  Commission. 

Every  person  will  vote  in  the  commune  where  he  is  habitually  resident  or, 
if  not  habitually  resident  in  the  area,  in  the  commune  where  he  was  born. 

The  result  of  the  vote  will  be  determined  by  communes  (Gcmcinde)  ac- 
cording to  the  majority  of  the  votes  in  each  commune. 

On  the  conclusion  of  the  voting  the  number  of  votes  cast  in  each  com- 
mune will  be  communicated  by  the  Commission  to  the  Principal  Allied  and 
Associated  Powers,  with  a  full  report  as  to  the  taking  of  the  vote  and  a  recom- 
mendation as  to  the  line  which  ought  to  be  adopted  as  the  boundary  of  East 
Prussia  in  this  region.  In  this  recommendation  regard  will  be  paid  to  the 
wishes  of  the  inhabitants  as  shown  by  the  vote  and  to  the  geographical  and 
economic  conditions  of  the  locality.  The  Principal  Allied  and  Associated 
Powers  will  then  fix  the  frontier  between  East  Prussia  and  Poland  in  this 
region. 

If  the  line  fixed  by  the  Principal  Allied  and  Associated  Powers  is  such  as 
to  exclude  from  East  Prussia  any  part  of  the  territory  defined  in  Article  94, 
the  renunciation  of  its  rights  by  Germany  in  favour  of  Poland,  as  provided  in 
Article  87  above,  will  extend  to  the  territories  so  excluded, 

As  soon  as  the  line  has  been  fixed  by  the  Principal  Allied  and  Associated 
Powers,  the  authorities  administering  East  Prussia  will  be  notified  by  the 
International  Commission  that  they  are  free  to  take  over  the  administration 
of  the  territory  to  the  north  of  the  line  so  fixed,  which  they  shall  proceed 
to  do  within  one  month  of  such  notification  and  in  the  manner  prescribed  by 
the  Commission.  Within  the  same  period  and  as  prescribed  by  the  Commis- 
sion, the  Polish  Government  must  proceed  to  take  over  the  administration 
of  the  territory  to  the  south  of  the  line  When  the  administration  of  the 
territory  by  the  East  Prussian  and  Polish  authorities  respectively  has  been  pro- 
vided for,  the  powers  of  the  Commission  will  terminate. 

Expenditure  by  the  Commission,  whether  in  the  discharge  of  its  own  func- 
tions or  in  the  administration  of  the  territory,  will  be  borne  by  the  local 
revenues.  East  Prussia  will  be  required  to  bear  such  proportion  of  any  deficit 
as  may  be  fixed  by  the  Principal  Allied  and  Associated  Powers. 


TREATY   OF   PEACE  517 

ARTICLE  96. 

In  the  area  comprising  the  Kreise  of  Stuhm  and  Rosenberg  and  the  portion 
of  the  Krcis  of  Marienburg  which  is  situated  east  of  the  Xogat  and  that  of 
Marienwarder  east  of  the  Vistula,  the  inhabitants  will  be  called  upon  to  indi- 
cate by  a  vote,  to  be  taken  in  each  commune  (Gemeinde),  whether  they  desire 
the  various  communes  situated  in  this  territory  to  belong  to  Poland  or  to 
East  Prussia. 

ARTICLE  97. 

The  German  troops  and  authorities  will  be  withdrawn  from  the  area  defined 
in  Article  96  within  a  period  not  exceeding  fifteen  days  after  the  coming 
into  force  of  the  present  Treaty.  Until  the  evacuation  is  completed  they 
will  abstain  from  all  requisitions  in  money  or  in  kind  and  from  all  measures 
injurious  to  the  economic  interests  of  the  country. 

On  the  expiration  of  the  above-mentioned  period,  the  said  area  will  be 
placed  under  the  authority  of  an  International  Commission  of  five  members 
appointed  by  the  Principal  Allied  and  Associated  Powers.  This  Commission, 
supported  if  occasion  arises  by  the  necessary  forces,  will  have  general  powers 
of  administration  and  in  particular  will  be  charged  with  the  duty  of  arrang- 
ing for  the  vote  and  of  taking  such  measures  as  it  may  deem  necessary  to 
ensure  its  freedom,  fairness  and  secrecy.  The  Commission  will  conform  as 
far  as  possible  to  the  provisions  of  the  present  Treaty  relating  to  the  plebiscite 
in  the  Allenstein  area;  its  decisions  will  be  taken  by  a  majority. 

Expenditure  by  the  Commission,  whether  in  the  discharge  of  its  own  func- 
tions or  in  the  administration  of  the  territory,  will  be  borne  by  the  local 
revenues. 

On  the  conclusion  of  the  voting  the  number  of  votes  cast  in  each  commune 
will  be  communicated  by  the  Commission  to  the  Principal  Allied  and  Asso- 
ciated Powers  with  a  full  report  as  to  the  taking  of  the  vote  and  a  recommen- 
dation as  to  the  line  which  ought  to  be  adopted  as  the  boundary  of  East  Prus- 
sia in  this  region.  In  this  recommendation  regard  will  be  paid  to  the  wishes 
of  the  inhabitants  as  shown  by  the  vote  and  to  the  geographical  and  economic 
conditions  of  the  locality.  The  Principal  Allied  and  Associated  Powers  will 
then  fix  the  frontier  between  East  Prussia  and  Poland  in  this  region,  leaving 
in  any  case  to  Poland  for  the  whole  of  the  section  bordering  on  the  Vistula 
full  and  complete  control  of  the  river  including  the  east  bank  as  far  east  of 
the  river  as  may  be  necessary  for  its  regulation  and  improvement.  Germany 
agrees  that  in  any  portion  of  the  said  territory  which  remains  German,  no 
fortifications  shall  at  any  time  be  erected. 

The  Principal  Allied  and  Associated  Powers  will  at  the  same  time  draw 
up  regulations  for  assuring  to  the  population  of  East  Prussia  to  the  fullest 
extent  and  under  equitable  conditions  access  to  the  Vistula  and  the  use  of 
it  for  themselves,  their  commerce  and  their  boats. 

The  determination  of  the  frontier  and  the  foregoing  regulations  shall  be 
binding  upon  all  the  parties  concerned. 

\Yhen  the  administration. of  the  territory  has  been  taken  over  by  the  East 


5i8  INTERNATIONAL   RELATIONS 

Prussian  and  Polish  authorities  respectively,  the  powers  of  the  Commission 
will  terminate. 

ARTICLE  98. 

Germany  and  Poland  undertake,  within  one  year  of  the  coming  into  force 
of  this  Treaty,  to  enter  into  conventions  of  which  the  terms,  in  case  of 
difference,  shall  be  settled  by  the  Council  of  the  League  of  Nations,  with 
the  object  of  securing,  on  the  one  hand  to  Germany  full  and  adequate  rail- 
road, telegraphic  and  telephonic  facilities  for  communication  between  the 
rest  of  Germany  and  East  Prussia  over  the  intervening  Polish  territory,  and 
on  the  other  hand  to  Poland  full  and  adequate  railroad,  telegraphic  and 
telephonic  facilities  for  communication  between  Poland  and  the  Free  City  of 
Danzig  over  any  German  territory  that  may,  on  the  right  bank  of  the  Vistula, 
intervene  between  Poland  and  the  Free  City  of  Danzig. 


SECTION  X. 
MEMEL. 

ARTICLE  99. 

Germany  renounces  in  favour  of  the  Principal  Allied  and  Associated 
Powers  all  rights  and  title  over  the  territories  included  between  the  Baltic, 
the  north-eastern  frontier  of  East  Prussia  as  defined  in  Article  28  of  Part 
II  (Boundaries  of  Germany)  of  the  present  Treaty  and  the  former  frontier 
between  Germany  and  Russia. 

Germany  undertakes  to  accept  the  settlement  made  by  the  Principal  Allied 
and  Associated  Powers  in  regard  to  these  territories,  particularly  in  so  far 
as  concerns  the  nationality  of  the  inhabitants. 


SECTION  XI. 
FREE  CITY  OF  DANZIG. 

ARTICLE  100. 

Germany  renounces  in  favour  of  the  Principal  Allied  and  Associated 
Powers  all  rights  and  title  over  the  territory  comprised  within  the  following 
limits : 

from  the  Baltic  Sea  southwards  to  the  point  where  the  principal  channels 
of  navigation  of  the  Nogat  and  the  Vistula  (Weichsel)  meet: 

the  boundary  of  East  Prussia  as  described  in  Article  28  of  Part  II 
(Boundaries  of  Germany)  of  the  present  Treaty; 

thence  the  principal  channel  of  navigation  of  the  Vistula  downstream  to 
a  point  about  6^  kilometres  north  of  the  bridge  of  Dirschau; 

thence  north-west  to  point  5,  ll/2  kilometres  south-east  of  the  church  of 
Giittland : 


TREATY  OF   PEACE  519 

a  line  to  be  fixed  on  the  ground; 

thence  in  a  general  westerly  direction  to  the  salient  made  by  the  boundary 
of  the  Kreis  of  Berent  &l/2  kilometres  north-east  of  Schoneck: 

a  line  to  be  fixed  on  the  ground  passing  between  Muhlbanz  on  the  south 
and  Rambeltsch  on  the  north ; 

thence  the  boundary  of  the  Kreis  of  Berent  westwards  to  the  re-entrant 
which  it  forms  6  kilometres  north-north-west  of  Schoneck; 

thence  to  a  point  on  the  median  line  of  Lonkener  See: 

a  line  to  be  fixed  on  the  ground  passing  north  of  Neu  Fietz  and  Schatarpi 
and  south  of  Barenhiitte  and  Lonken; 

thence  the  median  line  of  Lonkener  See  to  its  northernmost  point; 

thence  to  the  southern  end  of  Pollenziner  See : 

a  line  to  be  fixed  on  the  ground; 

thence  the  median  line  of  Pollenziner  See  to  its  northernmost  point; 

thence  in  a  north-easterly  direction  to  a  point  about  I  kilometre  south  of 
Koliebken  church,  where  the  Danzig-Neustadt  railway  crosses  a  stream : 

a  line  to  be  fixed  on  the  ground  passing  south-east  of  Kamehlen,  Krissau, 
Fidlin,  Sulmin  (Richthof),  Mattern  Schaferei,  and  to  the  north-west  of 
Neuendorf,  Marschau,  Czapielken,  Hoch-  and  Klein-Kelpin,  Pulvermiihl, 
Renneberg  and  the  towns  of  Oliva  and  Zoppot; 

thence  the  course  of  the  stream  mentioned  above  to  the  Baltic  Sea. 

The  boundaries  described  above  are  drawn  on  a  German,  map  scale 
1/100,000,  attached  to  the  present  Treaty  (Map  No.  3). 

ARTICLE  101. 

A  Commission  composed  of  three  members  appointed  by  the  Principal 
Allied  and  Associated  Powers,  including  a  High  Commissioner  as  President, 
one  member  appointed  by  Germany  and  one  member  appointed  by  Poland, 
shall  be  constituted  within  fifteen  days  of  the  coming  into  force  of  the 
present  Treaty  for  the  purpose  of  delimiting  on  the  spot  the  frontier  of 
the  territory  as  described  above,  taking  into  account  as  far  as  possible  the 
existing  communal  boundaries. 

ARTICLE  102. 

The  Principal  Allied  and  Associated  Powers  undertake  to  establish  the 
town  of  Danzig,  together  with  the  rest  of  the  territory  described  in  Article 
loo,  as  a  Free  City.  It  will  be  placed  under  the  protection  of  the  League  of 
Nations. 

ARTICLE  103. 

A  constitution  for  the  Free  City  of  Danzig  shall  be  drawn  up  by  the  duly 
appointed  representatives  of  the  Free  City  in  agreement  with  a  High  Com- 
missioner to  be  appointed  by  the  League  of  Nations.  This  constitution  shall 
be  placed  under  the  guarantee  of  the  League  of  Nations. 

The  High  Commissioner  will  also  be  entrusted  with  the  duty  of  dealing 


520 

in   the   first  instance  with   all   differences   arising  between   Poland   and  the 
Free  City  of  Danzig  in  regard  to  this  Treaty  or  any  arrangements  or  agree- 
ments made  thereunder. 
The  High  Commissioner  shall  reside  at  Danzig. 

ARTICLE  104. 

The  Principal  Allied  and  Associated  Powers  undertake  to  negotiate  a 
Treaty  between  the  Polish  Government  and  the  Free  City  of  Danzig,  which 
shall  come  into  force  at  the  same  time  as  the  establishment  of  the  said 
Free  City,  with  the  following  objects: 

(1)  To  effect  the  inclusion  of  the  Free  City  of  Danzig  within  the  Polish 
Customs  frontiers,  and  to  establish  a  free  area  in  the  port ; 

(2)  To  ensure  to  Poland  without  any  restriction  the  free  use  and  service 
of  all  waterways,  docks,  basins,  wharves  and  other  works  within  the  terri- 
tory of  the  Free  City  necessary  for  Polish  imports  and  exports ; 

(3)  To  ensure  to  Poland  the  control  and  administration  of  the  Vistula 
and  of  the  whole  railway  system  within  the  Free  City,  except  such  street 
and  other  railways  as  serve  primarily  the  needs  of  the  Free  City,  and  of 
postal,  telegraphic  and  telephonic  communication  between  Poland  and  the 
port  of  Danzig; 

(4)  To  ensure  to  Poland  the  right  to  develop  and  improve  the  waterways, 
docks,  basins,  wharves,  railways  and  other  works  and  means  of  communica- 
tion mentioned  in  this  Article,  as  well  as  to  lease  or  purchase  through  appro- 
priate processes  such  land  and  other  property  as  may  be  necessary  for  these 
purposes ; 

(5)  To  provide  against  any  discrimination  within  the  Free  City  of  Danzig 
to  the  detriment  of  citizens  of  Poland  and  other  persons  of  Polish  origin  or 
speech ; 

(6)  To  provide  that  the  Polish  Government  shall  undertake  the  conduct 
of  the  foreign  relations  of  the  Free  City  of  Danzig  as  well  as  the  diplomatic 
protection  of  citizens  of  that  city  when  abroad. 

ARTICLE  105. 

On  the  coming  into  force  of  the  present  Treaty  German  nationals  ordi- 
narily resident  in  the  territory  described  in  Article  100  will  ipso  facto1  lose 
their  German  nationality  in  order  to  become  nationals  of  the  Free  City  of 
Danzig. 

ARTICLE  106. 

Within  a  period  of  two  years  from  the  coming  into  force  of  the  present 
Treaty,  German  nationals  over  18  years  of  age  ordinarily  resident  in  the 
territory  described  in  Article  loo  will  have  the  right  to  opt  for  German 
nationality. 

Option  by  a  husband  will  cover  his  wife  and  option  by  parents  will  cover 
their  children  less  than  18  years  of  age 


TREATY   OF   PEACE  521 

All  persons  who  exercise  the  right  of  option  referred  to  above  must  during 
the  ensuing  twelve  months  transfer  their  place  of  residence  to  Germany. 

These  persons  will  be  entitled  to  preserve  the  immovable  property  possessed 
by  them  in  the  territory  of  the  Free  City  of  Danzig.  They  may  carry  with 
them  their  movable  property  of  every  description.  No  export  or  import 
duties  shall  be  imposed  upon  them  in  this  connection. 

ARTICLE  107. 

All  property  situated  within  the  territory  of  the  Free  City  of  Danzig 
belonging  to  the  German  Empire  or  to  any  German  State  shall  pass  to  the 
Principal  Allied  and  Associated  Powers  for  transfer  to  the  Free  City  of 
Danzig  or  to  the  Polish  State  as  they  may  consider  equitable. 

ARTICLE  108. 

The  proportion  and  nature  of  the  financial  liabilities  of  Germany  and  of 
Prussia  to  be  borne  by  the  Free  City  of  Danzig  shall  be  fixed  in  accordance 
with  Article  254  of  Part  IX  (Financial  Clauses)  of  the  present  Treaty. 

All  other  questions  which  may  arise  from  the  cession  of  the  territory 
referred  to  in  Article  100  shall  be  settled  by  further  agreements. 


SECTION  XII. 

SCHLESWIG. 

ARTICLE  109. 

The  frontier  between  Germany  and  Denmark  shall  be  fixed  in  conformity 
with  the  wishes  of  the  population. 

For  this  purpose,  the  population  inhabiting  the  territories  of  the  former 
German  Empire  situated  to  the  north  of  a  line,  from  East  to  West  (shown 
by  a  brown  line  on  the  map  No.  4,  annexed  to  the  present  Treaty)  : 

leaving  the  Baltic  Sea  about  13  kilometres  east-north-east  of  Flensburg, 

running 

south-west  so  as  to  pass  south-east  of:  Sygum,  Ringsberg,  Munkbrarup, 
Adelby,  Tastrup,  Jarplund,  Oversee,  and  north-west  of:  Langballigholz, 
Langballig,  Bonstrup,  Rullschau,  Weseby,  Kleinwolstrup,  Gross-Solt, 

thence  westwards  passing  south  of  Frorup  and  north  of  Wanderup, 

thence  in  a  south-westerly  direction  passing  south-east  of  Oxlund,  Stieg- 
lund  and  Ostenau  and  north-west  of  the  villages  on  the  Wanderup-Kollund 
road, 

thence  in  a  north-westerly  direction  passing  south-west  of  Lowenstedt, 
Joldelund,  Goldelune,  and  north-east  of  Kolkerheide  and  Hogel  to  the  bend  of 
the  Soholmer  Au,  about  I  kilometre  east  of  Soholm,  where  it  meets  the 
southern  boundary  of  the  Kreis  of  Tondern, 

following  this  boundary  to  the  North  Sea, 


522  INTERNATIONAL   RELATIONS 

passing  south  of  the  islands  of  Fohr  and  Amrum  and  north  of  the  islands 
of  Oland  and  Langeness, 

shall  be  called  upon  to  pronounce  by  a  vote  which  will  be  taken  under  the 
following  conditions : 

(1)  Within  a  period  not  exceeding  ten  days  from  the  coming  into  force 
of  the  present  Treaty,   the  German  troops  and  authorities    (including  the 
Oberprasidenten,  Regierungs-prasidentcn,  Landrathe,  Amtsvorsteher,   Obcr- 
burgermtister}  shall  evacuate  the  zone  lying  to  the  north  of  the  line  above 
fixed. 

Within  the  same  period  the  Workmen's  and  Soldiers'  Councils  which  have 
been  constituted  in  this  zone  shall  be  dissolved;  members  of  such  Councils 
who  are  natives  of  another  region  and  are  exercising  their  functions  at  the 
date  of  the  coming  into  force  of  the  present  Treaty,  or  who  have  gone  out 
of  office  since  March  I,  1919,  shall  also  be  evacuated. 

The  said  zone  shall  immediately  be  placed  under  the  authority  of  an  Inter- 
national Commission,  composed  of  five  members,  of  whom  three  will  be 
designated  by  the  Principal  Allied  and  Associated  Powers ;  the  Norwegian 
and  Swedish  Governments  will  each  be  requested  to  designate  a  member;  in 
the  event  of  their  failing  to  do  so,  these  two  members  will  be  chosen  by  the 
Principal  Allied  and  Associated  Powers. 

The  Commission,  assisted  in  case  of  need  by  the  necessary  forces,  shall  have 
general  powers  of  administration.  In  particular,  it  shall  at  once  provide  for 
filling  the  places  of  the  evacuated  German  authorities,  and  if  necessary  shall 
itself  give  orders  for  their  evacuation,  and  proceed  to  fill  the  places  of  such 
local  authorities  as  may  be  required.  It  shall  take  all  steps  which  it  thinks 
proper  to  ensure  the  freedom,  fairness,  and  secrecy  of  the  vote.  It  shall  be 
assisted  by  German  and  Danish  technical  advisers  chosen  by  it  from  among 
the  local  population.  Its  decisions  will  be  taken  by  a  majority. 

One  half  of  the  expenses  of  the  Commission  and  of  the  expenditure 
occasioned  by  the  plebiscite  shall  be  paid  by  Germany. 

(2)  The  right  to  vote  shall  be  given  to  all  persons,  without  distinction  of 
sex,  who: 

(a)  Have  completed  their  twentieth  year  at  the  date  of  the  coming  into 
force  of  the  present  Treaty;  and 

(fe)  Were  born  in  the  zone  in  which  the  plebiscite  is  taken,  or  have  been 
domiciled  there  since  a  date  before  January  i,  1900,  or  had  been  expelled  by 
the  German  authorities  without  having  retained  their  domicile  there. 

Every  person  will  vote  in  the  commune  (Gemeinde)  where  he  is  domiciled 
or  of  which  he  is  a  native. 

Military  persons,  officers,  non-commissioned  officers  and  soldiers  of  the 
German  army,  who  are  natives  of  the  zone  of  Schleswig  in  which  the  plebis- 
cite is  taken,  shall  be  given  the  opportunity  to  return  to  their  native  place  in 
order  to  take  part  in  the  voting  there. 

(3)  In  the  section  of  the  evacuated  zone  lying  to  the  north  of  a  line,  from 
East  to  West  (shown  by  a  red  line  on  map  No.  4)  which  is  annexed  to  the 
present  Treaty)  : 


TREATY   OF   PEACE  523 

passing  south  of  the  island  of  Alsen  and  following  the  median  line  of 
Flensburg  Fjord, 

leaving  the  fjord  about  6  kilometres  north  of  Flensburg  and  following  the 
course  of  the  stream  flowing  past  Kupfermiihle  upstream  to  a  point  north  of 
Niehuus, 

passing  north  of  Pattburg  and  Ellund  and  south  of  Froslee  to  meet  the 
eastern  boundary  of  the  Kreis  of  Tondern  at  its  junction  with  the  boundary 
between  the  old  jurisdictions  of  Slogs  and  Kjaer  (Slogs  Herrcd  and  Kjccr 
H erred), 

following  the  latter  boundary  to  where  it  meets  the  Scheidebek,  following 
the  course  of  the  Scheidebek  (Alte  Au),  Suder  Au  and  Wied  Au  down- 
stream successively  to  the  point  where  the  latter  bends  northwards  about  1,500 
metres  west  of  Ruttebull, 

thence,  in  a  west-north-westerly  direction  to  meet  the  North  Sea  north  of 
Sieltoft, 

thence,  passing  north  of  the  island  of  Sylt, 

the  vote  above  provided  for  shall  be  taken  within  a  period  not  exceeding 
three  weeks  after  the  evacuation  of  the  country  by  the  German  troops  and 
authorities. 

The  result  will  be  determined  by  the  majority  of  votes  cast  in  the  whole 
of  this  section. :  This  result  will  be  immediately  communicated  by  the  Com- 
mission to  the  Principal  Allied  and  Associated  Powers  and  proclaimed. 

If  the  vote  results  in  favour  of  the  reincorporation  of  this  territory  in  the 
Kingdom  of  Denmark,  the  Danish  Government  in  agreement  with  the  Com- 
mission will  be  entitled  to  effect  its  occupation  with  their  military  and 
administrative  authorities  immediately  after  the  proclamation. 

(4)  In  the  section  of  the  evacuated  zone  situated  to  the  south  of  the  pre- 
ceding section  and  to  the  north  of  the  line  which  starts  from  the  Baltic  Sea 
13  kilometres  from  Flensburg  and  ends  north  of  the  islands  of  Oland  and 
Langeness,  the  vote  will  be  taken  within  a  period  not  exceeding  five  weeks 
after  the  plebiscite  shall  have  been  held  in  the  first  section. 

The  result  will  be  determined  by  communes  (Gemeinden),  in  accordance 
with  the  majority  of  the  votes  cast  in  each  commune  (Gemeinde). 

ARTICLE  no. 

Pending  a  delimitation  on  the  spot,  a  frontier  line  will  be  fixed  by  the 
Principal  Allied  and  Associated  Powers  according  to  a  line  based  on  the 
result  of  the  voting,  and  proposed  by  the  International  Commission,  and 
taking  into  account  the  particular  geographical  and  economic  conditions  of 
the  localities  in  question. 

From  that  time  the  Danish  Government  may  effect  the  occupation  of  these 
territories  with  the  Danish  civil  and  military  authorities,  and  the  German 
Government  may  reinstate  up  to  the  said  frontier  line  the  German  civil  and 
military  authorities  whom  it  has  evacuated. 

Germany  hereby  renounces  definitely  in  favour  of  the  Principal  Allied  and 


524  INTERNATIONAL   RELATIONS 

Associated  Powers  all  rights  of  sovereignty  over  the  territories  situated  to  the 
north  of  the  frontier  line  fixed  in  accordance  with  the  above  provisions. 
The  Principal  Allied  and  Associated  Powers  will  hand  over  the  said  terri- 
tories to  Denmark. 

ARTICU;  in. 

A  Commission  composed  of  seven  members,  five  of  whom  shall  be  nomi- 
nated by  the  Principal  Allied  and  Associated  Powers,  one  by  Denmark,  and 
dne  by  Germany,  shall  be  constituted  within  fifteen  days  from  the  date  when 
the  final  result  of  the  vote  is  known,  to  trace  the  frontier  line  on  the  spot. 

The  decisions  of  the  Commission  will  be  taken  by  a  majority  of  votes  and 
shall  be  binding  on  the  parties  concerned. 

ARTICXE  112. 

All  the  inhabitants  of  the  territory  which  is  returned  to  Denmark  will 
acquire  Danish  nationality  ipso  facto,  and  will  lose  their  German  nationality. 

Persons,  however,  who  had  become  habitually  resident  in  this  territory  after 
October  I,  1918,  will  not  be  able  to  acquire  Danish  nationality  without  per- 
mission from  the  Danish  Government. 

ARTICLE;  113. 

Within  two  years  from  the  date  on  which  the  sovereignty  over  the  whole 
or  part  of  the  territory  of  Schleswig  subjected  to  the  plebiscite  is  restored  to 
Denmark : 

Any  person  over  18  years  of  age,  born  in  the  territory  restored  to  Denmark, 
not  habitually  resident  in  this  region,  and  possessing  German  nationality,  will 
be  entitled  to  opt  for  Denmark ; 

Any  person  over  18  years  of  age  habitually  resident  in  the  territory  restored 
to  Denmark  will  be  entitled  to  opt  for  Germany. 

Option  by  a  husband  will  cover  his  wife  and  option  by  parents  will  cover 
their  children  less  than  18  years  of  age. 

Persons  who  have  exercised  the  above  right  to  opt  must  within  the  ensuing 
twelve  months  transfer  their  place  of  residence  to  the  State  in  favour  of 
which  they  have  opted. 

They  will  be  entitled  to"  retain  the  immovable  property  which  they  own  in 
the  territory  of  the  other  State  in  which  they  were  habitually  resident  before 
opting.  They  may  carry  with  them  their  movable  property  of  every  descrip- 
tion. No  export  or  import  duties  may  be  imposed  upon  them  in  connection 
with  the  removal  of  such  property. 

ARTICLE  114. 

The  proportion  and  nature  of  the  financial  or  other  obligations  of  Germany 
and  Prussia  which  are  to  be  assumed  by  Denmark  will  be  fixed  in  accordance 
with  Article  254  of  Part  IX  (Financial  Clauses)  of  the  present  Treaty. 


TREATY   OF   PEACE  525 

Further  stipulations  will  determine  any  other  questions  arising  out  of  the 
transfer  to  Denmark  of  the  whole  or  part  of  the  territory  of  which  she  was 
deprived  by  the  Treaty  of  October  30,  1864. 


SECTION  XIII. 

HELIGOLAND. 

ARTICLE  115. 

The  fortifications,  military  establishments,  and  harbours  of  the  Islands  of 
Heligoland  and  Dune  shall  be  destroyed  under  the  supervision  of  the  Prin- 
cipal Allied  Governments  by  German  labour  and  at  the  expense  of  Germany 
within  a  period  to  be  determined  by  the  said  Governments. 

The  term  "harbours"  shall  include  the  north-east  mole,  the  west  wall,  the 
outer  and  inner  breakwaters  and  reclaimed  land  within  them,  and  all  naval 
and  military  works,  fortifications  and  buildings,  constructed  or  under  con- 
struction, between  lines  connecting  the  following  positions  taken  from  the 
British  Admiralty  chart  No.  126  of  April  19,  1918. 

(a)  lat.  54°  10'  49"  N.;  long.  7°  53'  39"  E.; 


(<0 

(<0 

(<0 

—  54°  10'  35"  N.;  • 
—  54°  10'  14"  N.  ;  — 
—  54°  10'  17"  N.;  — 
—  54°  10'  44"  N.  ; 

7°  54'  18"  E.; 
7°  54'  oo"  E.; 
7°  53'  37"  E.; 
7°  53'  26"  E. 

These  fortifications,  military  establishments  and  harbours  shall  not  be  re- 
constructed nor  shall  any  similar  works  be  constructed  in  future. 


SECTION  XIV. 

RUSSIA  AND  RUSSIAN  STATES 
ARTICLE  116. 

Germany  acknowledges  and  agrees  to  respect  as  permanent  and  inalienable 
the  independence  of  all  the  territories  which  were  part  of  the  former  Russian 
Empire  on  August  I,  1914. 

In  accordance  with  the  provisions  of  Article  259  of  Part  IX  (Financial 
Clauses)  and  Article  292  of  Part  X  (Economic  Clauses)  Germany  accepts 
definitely  the  abrogation  of  the  Brest-Litovsk  Treaties  and  of  all  other 
treaties,  conventions  and  agreements  entered  into  by  her  with  the  Maximalist 
Government  in  Russia. 

The  Allied  and  Associated  Powers  formally  reserve  the  rights  of  Russia  to 
obtain  from  Germany  restitution  and  reparation  based  on  the  principles  of 
the  present  Treaty. 


526  INTERNATIONAL  RELATIONS 

ARTICLE  117. 

Germany  undertakes  to  recognize  the  full  force  of  all  treaties  or  agree- 
ments which  may  be  entered  into  by  the  Allied  and  Associated  Powers  with 
States  now  existing  or  coming  into  existence  in  future  in  the  whole  or  part 
of  the  former  Empire  of  Russia  as  it  existed  on  August  I,  1914,  and  to  recog- 
nize the  frontiers  of  any  such  States  as  determined  therein. 

PART  IV. 

GERMAN  RIGHTS  AND  INTERESTS  OUTSIDE  GERMANY. 

ARTICLE  118. 

In  territory  outside  her  European  frontiers  as  fixed  by  the  present  Treaty, 
Germany  renounces  all  rights,  titles  and  privileges  whatever  in  or  over  terri- 
tory which  belonged  to  her  or  to  her  allies,  and  all  rights,  titles  and  privileges 
whatever  their  origin  which  she  held  as  against  the  Allied  and  Associated 
Powers. 

Germany  hereby  undertakes  to  recognize  and  to  conform  to  the  measures 
\vhich  rnay  be  taken  now  or  in  the  future  by  the  Principal  Allied  and 
Associated  Powers,  in  agreement  where  necessary  with  third  Powers,  in 
order  to  carry  the  above  stipulation  into  effect. 

In  particular  Germany  declares  her  acceptance  of  the  following  Articles 
relating  to  certain  special  subjects. 

SECTION   I. 

GERMAN    COLONIES. 
ARTICLE  119. 

Germany  renounces  in  favour  of  the  Principal  Allied  and  Associated 
Powers  all  her  rights  and  titles  over  her  oversea  possessions. 

ARTICLE  120. 

All  movable  and  immovable  property  in  such  territories  belonging  to  the 
German  Empire  or  to  any  German  State  shall  pass  to  the  Government 
exercising  authority  over  such  territories,  on  the  terms  laid  down  in  Article 
257  of  Part  IX  (Financial  Clauses)  of  the  present  Treaty.  The  decision  of 
the  local  courts  in  any  dispute  as  to  the  nature  of  such  property  shall  be  final. 

ARTICLE  121. 

The  provisions  of  Sections  I  and  IV  of  Part  X  (Economic  Clauses)  of  the 
present  Treaty  shall  apply  in  the  case  of  these  territories  whatever  be  the 
form  of  Government  adopted  for  them. 


TREATY   OF   PEACE  527 

ARTICLE  122. 

The  Government  exercising  authority  over  such  territories  may  make  such 
provisions  as  it  thinks  fit  with  reference  to  the  repatriation  from  them  of 
German  nationals  and  to  the  conditions  upon  which  German  subjects  of 
European  origin  shall,  or  shall  not,  be  allowed  to  reside,  hold  property,  trade 
or  exercise  a  profession  in  them. 

ARTICLE  123. 

The  provisions  of  Article  260  of  Part  IX  (Financial  Clauses)  of  the 
present  Treaty  shall  apply  in  the  case  of  all  agreements  concluded  with 
German  nationals  for  the  construction  or  exploitation  of  public  works  in  the 
German  oversea  possessions,  as  well  as  any  sub-concessions  or  contracts 
resulting  therefrom  which  may  have  been  made  to  or  with  such  nationals. 

ARTICLE  124. 

Germany  hereby  undertakes  to  pay,  in  accordance  with  the  estimate  to  be 
presented  by  the  French  Government  and  approved  by  the  Reparation 
Commission,  reparation  for  damage  suffered  by  French  nationals  in  the 
Cameroons  or  the  frontier  zone  by  reason  of  the  acts  of  the  German  civil 
and  military  authorities  and  of  German  private  individuals  during  the  period 
from  January  i,  1900,  to  August  i,  1914. 

ARTICLE  125. 

Germany  renounces  all  rights  under  the  Conventions  and  Agreements  with 
France  of  November  4,  1911,  and  September  28,  1912,  relating  to  Equatorial 
Africa.  She  undertakes  to  pay  to  the  French  Government,  in  accordance 
with  the  estimate  to  be  presented  by  that  Government  and  approved  by  the 
Reparation  Commission,  all  the  deposits,  credits,  advances,  etc.,  effected  by 
virtue  of  these  instruments  in  favour  of  Germany. 

ARTICLE  126. 

Germany  undertakes  to  accept  and  observe  the  agreements  made  or  to  be 
made  by  the  Allied  and  Associated  Powers  or  some  of  them  with  any  other 
Power  with  regard  to  the  trade  in  arms  and  spirits,  and  to  the  matters  dealt 
with  in  the  General  Act  of  Berlin  of  February  26,  1885,  the  General  Act  of 
Brussels  of  July  2,  1890,  and  the  conventions  completing  or  modifying  the 
same. 

ARTICLE  127. 

The  native  inhabitants  of  the  former  German  oversea  possessions  shall  be 
entitled  to  the  diplomatic  protection  of  the  Governments  exercising  authority 
over  those  territories. 


S28  INTERNATIONAL   RELATIONS 

SECTION  II. 
CHINA. 

ARTICLE  128. 

Germany  renounces  in  favour  of  China  all  benefits  and  privileges  resulting 
from  the  provisions  of  the  final  Protocol  signed  at  Peking  on  September 
7,  1901,  and  from  all  annexes,  notes  and  documents  supplementary  thereto. 
She  likewise  renounces  in  favour  of  China  any  claim  to  indemnities  accruing 
thereunder  subsequent  to  March  14,  1917. 

ARTICLE  129. 

From  the  coming  into  force  of  the  present  Treaty  the  High  Contracting 
Parties  shall  apply,  in  so  far  as  concerns  them  respectively: 

(1)  The    Arrangement   of   August   29,    1902,    regarding   the   new    Chinese 
customs  tariff; 

(2)  The  Arrangement  of  September  27,  1905,  regarding  Whang-Poo,  and 
the  provisional  supplementary  Arrangement  of  April  4,  1912. 

China,  however,  will  no  longer  be  bound  to  grant  to  Germany  the  ad- 
vantages or  privileges  which  she  allowed  Germany  under  these  Arrangements. 

ARTICLE  130. 

Subject  to  the  provisions  of  Section  VIII  of  this  Part,  Germany  cedes  to 
China  all  the  buildings,  wharves  and  pontoons,  barracks,  forts,  arms  and 
munitions  of  war,  vessels  of  all  kinds,  wireless  telegraphy  installations  and 
other  public  property  belonging  to  the  German  Government,  which  are  situ- 
ated or  may  be  in  the  German  Concessions  at  Tientsin  and  Hankow  or  else- 
where in  Chinese  territory. 

It  is  understood,  however,  that  premises  used  as  diplomatic  or  consular 
residences  or  offices  are  not  included  in  the  above  cession,  and,  furthermore, 
that  no  steps  shall  be  taken  by  the  Chinese  Government  to  dispose  of  the 
German  public  and  private  property  situated  within  the  so-called  Legation 
Quarter  at  Peking  without  the  consent  of  the  Diplomatic  Representatives 
of  the  Powers  which,  on  the  coming  into  force  of  the  present  Treaty,  remain 
Parties  to  the  Final  Protocol  of  September  7,  1901. 

ARTICLE  131. 

Germany  undertakes  to  restore  to  China  within  twelve  months  from  the 
coming  into  force  of  the  present  Treaty  all  the  astronomical  instruments 
which  her  troops  in  1900-1901  carried  away  from  China,  and  to  defray  all 
expenses  which  may  be  incurred  in  effecting  such  restoration,  including  the 
expenses  of  dismounting,  packing,  transporting,  insurance  and  installation 
in  Peking. 


TREATY   OF   PEACE  529 

.  ARTICLE  132. 

Germany  agrees  to  the  abrogation  of  the  leases  from  the  Chinese  Govern- 
ment under  which  the  German  Concessions  at  Hankow  and  Tientsin  are 
now  held. 

China,  restored  to  the  full  exercise  of  her  sovereign  rights  in  the  above 
areas,  declares  her  intention  of  opening  them  to  international  residence  and 
trade.  She  further  declares  that  the  abrogation  of  the  leases  under  which 
these  concessions  are  now  held  shall  not  affect  the  property  rights  of 
nationals  of  Allied  and  Associated  Powers  who  are  holders  of  lots  in  these 
concessions. 

ARTICLE  133. 

Germany  waives  all  claims  against  the  Chinese  Government  or  against 
any  Allied  or  Associated  Government  arising  out  of  the  internment  of 
German  nationals  in  China  and  their  repatriation.  She  equally  renounces 
all  claims  arising  out  the  of  the  capture  and  condemnation  of  German 
ships  in  China,  or  the  liquidation,  sequestration  or  control  of  German  prop- 
erties, rights  and  interests  in  that  country  since  August  14,  1917.  This  pro- 
vision, however,  shall  not  affect  the  rights  of  the  parties  interested  in  the 
proceeds  of  any  such  liquidation,  which  shall  be  governed  by  the  provisions 
of  Part  X  (Economic  Clauses)  of  the  present  Treaty. 

ARTICLE  i34- 

Germany  renounces  in  favour  of  the  Government  of  His  Britannic  Majesty 
the  German  State  property  in  the  British  Concession  at  Shameen  at  Canton. 
She  renounces  in  favour  of  the  French  and  Chinese  Governments  conjointly 
the  property  of  the  German  school  situated  in  the  French  Concession  at 
Shanghai. 

SECTION  III. 
SIAM. 

ARTICLE  135- 

Germany  recognises  that  all  treaties,  conventions  and  agreements  between 
her  and  Siam,  and  all  rights,  title  and  privileges  derived  therefrom,  including 
all  rights  of  extraterritorial  jurisdiction,  terminated  as  from  July  22,  1917- 

ARTICLE  136. 

All  goods  and  property  in  Siam  belonging  to  the  German  Empire  or  to 
any  German  State,  with  the  exception  of  premises  used  as  diplomatic  or 
consular  residences  or  offices,  pass  ipso  facto  and  without  compensation  to 
the  Siamese  Government. 

The  goods,  property  and  private  rights  of  German  nationals  in  Siam  shall 
be  dealt  with  in  accordance  with  the  provisions  of  Part  X  (Economic 
Clauses)  of  the  present  Treaty. 


530  INTERNATIONAL   RELATIONS 

ARTICLE  137. 

Germany  waives  all  claims  against  the  Siamese  Government  on  behalf 
of  herself  or  her  nationals  arising  out  of  the  seizure  or  condemnation  of 
German  ships,  the  liquidation  of  German  property,  or  the  internment  of 
German  nationals  in  Siam.  This  provision  shall  not  affect  the  rights  of  the 
parties  interested  in  the  proceeds  of  any  such  liquidation,  which  shall  be 
governed  by  the  provisions  of  Part  X  (Economic  Clauses)  of  the  present 
Treaty. 

SECTION  IV. 

LIBERIA. 

ARTICLE  138. 

Germany  renounces  all  rights  and  privileges  arising  from  the  arrange- 
ments of  1911  and  1912  regarding  Liberia,  and  particularly  the  right  to 
nominate  a  German  Receiver  of  Customs  in  Liberia. 

She  further  renounces  all  claim  to  participate  in  any  measures  whatsoever 
which  may  be  adopted  for  the  rehabilitation  of  Liberia. 

ARTICLE  139. 

Germany  recognizes  that  all  treaties  and  arrangements  between  her  and 
Liberia  terminated  as  from  August  4,  1917.  • 

ARTICLE  140. 

The  property,  rights  and  interests  of  Germans  in  Liberia  shall  be  dealt  with 
in  accordance  with  Part  X  (Economic  Clauses)  of  the  present  Treaty. 

SECTION  V. 
MOROCCO. 
ARTICLE  141. 

Germany  renounces  all  rights,  titles  and  privileges  conferred  on  her  by 
the  General  Act  of  Algeciras  of  April  7,  1906,  and  by  the  Franco-German 
Agreements  of  February  9,  1909,  and  November  4,  1911.  All  treaties,  agree- 
ments, arrangements  and  contracts  concluded  by  her  with  the  Sherifian 
Empire  are  regarded  as  abrogated  as  from  August  3,  1914. 

In  no  case  can  Germany  take  advantage  of  these  instruments  and  she 
undertakes  not  to  intervene  in  any  way  in  negotiations  relating  to  Morocco 
which  may  take  place  between  France  and  the  other  Powers. 

ARTICLE  142. 
Germany  having  recognized  the  French  Protectorate  in  Morocco,  hereby 


TREATY   OF   PEACE  53! 

accepts   all   the  consequences   of   its   establishment,   and   she   renounces  the 
regime  of  the  capitulations  therein. 
This  renunciation  shall  take  effect  as  from  August  3,  1914. 

ARTICLE  143. 

The  Sherifian  Government  shall  have  complete  liberty  of  action  in  regulat- 
ing the  status  of  German  nationals  in  Morocco  and  the  conditions  in  which 
they  may  establish  themselves  there. 

German  protected  persons,  semsars  and  "associes  agricoles"  shall  be  con- 
sidered as  having  ceased,  as  from  August  3,  1914,  to  enjoy  the  privileges 
attached  to  their  status  and  shall  be  subject  to  the  ordinary  law. 

ARTICLE  144. 

All  property  and  possessions  in  the  Sherifian  Empire  of  the  German 
Empire  and  the  German  States  pass  to  the  Maghzen  without  payment. 

For  this  purpose,  the  property  and  possessions  of  the  German  Empire 
and  States  shall  be  deemed  to  include  all  the  property  of  the  Crown,  the 
Empire  or  the  States,  and  the  private  property  of  the  former  German 
Emperor  and  other  Royal  personages. 

All  movable  and  immovable  property  in  the  Sherifian  Empire  belonging 
to  German  nationals  shall  be  dealt  with  in  accordance  with  Sections  III  and 
IV  of  Part  X  (Economic  Clauses)  of  the  present  Treaty. 

Mining  rights  which  may  be  recognised  as  belonging  to  German  nationals 
by  the  Court  of  Arbitration  set  up  under  the  Moroccan  Mining  Regulations 
shall  form  the  subject  of  a  valuation,  which  the  arbitrators  shall  be  requested 
to  make,  and  these  rights  shall  then  be  treated  in  the  same  way  as  property 
in  Morocco  belonging  to  German  nationals. 

ARTICLE  145. 

The  German  Government  shall  ensure  the  transfer  to  a  person  nominated 
by  the  French  Government  of  the  shares  representing  Germany's  portion 
of  the  capital  of  the  State  Bank  of  Morocco.  The  value  of  these  shares  as 
assessed  by  the  Reparation  Commission,  shall  be  paid  to  the  Reparation 
Commission  for  the  credit  of  Germany  on  account  of  the  sums  due  for 
reparation.  The  German  Government  shall  be  responsible  for  indemnifying 
its  nationals  so  dispossessed. 

This  transfer  will  take  place  without  prejudice  to  the  repayment  of  debts 
which  German  nationals  may  have  contracted  towards  the  State  Bank  of 
Morocco. 

ARTICLE  146. 

• 

Moroccan  goods  entering  Germany  shall  enjoy  the  treatment  accorded 
to  French  goods. 


532 

SECTION  VI. 

EGYPT. 
ARTICLE  147. 

Germany  declares  that  she  recognises  the  Protectorate  proclaimed  over 
Egypt  by  Great  Britain  on  December  18,  1914,  and  that  she  renounces  the 
regime  of  the  Capitulations  in  Egypt. 

This  renunciation  shall  take  effect  as  from  August  4,  1914. 

ARTICLE  148. 

All  treaties,  agreements,  arrangements  and  contracts  concluded  by  Germany 
with  Egypt  are  regarded  as  abrogated  as  from  August  4,  1914. 

In  no  case  can  Germany  avail  herself  of  these  instruments  and  she  under- 
takes not  to  intervene  in  any  way  in  negotiations  relating  to  Egypt  which 
may  take  place  between  Great  Britain  and  the  other  Powers. 

ARTICLE  149. 

Until  an  Egyptian  law  of  judicial  organization  establishing  courts  with 
universal  jurisdiction  comes  into  force,  provision  shall  be  made,  by  means 
of  decrees  issued  by  His  Highness  the  Sultan,  for  the  exercise  of  jurisdic- 
tion over  German  nationals  and  property  by  the  British  Consular  Tribunals. 

ARTICLE  150. 

The  Egyptian  Government  shall  have  complete  liberty  of  action  in  regu- 
lating the  status  of  German  nationals  and  the  conditions  under  which  they 
may  establish  themselves  in  Egypt. 

ARTICLE  151. 

Germany  consents  to  the  abrogation  of  the  decree  issued  by  His  Highness 
the  Khedive  on  November  28,  1904,  relating  to  the  Commission  of  the  Egyptian 
Public  Debt,  or  to  such  changes  as  the  Egyptian  Government  may  think  it 
desirable  to  make  therein. 

ARTICLE  152. 

Germany  consents,  in  so  far  as  she  is  concerned,  to  the  transfer  to  His 
Britannic  Majesty's  Government  of  the  powers  conferred  on  His  Imperial 
Majesty  the  Sultan  by  the  Convention  signed  at  Constantinople  on  October 
29.  1888,  relating  to  the  free  navigation  of  the  Sue^z  Canal. 

She  renounces  all  participation  in  the  Sanitary,  Maritime,  and  Quarantine 
Board  of  Egypt  and  consents,  in  so  far  as  she  is  concerned,  to  the  transfer 
to  the  Egyptian  Authorities  of  the  powers  of  that  Board. 


TREATY   OF   PEACE  533 

ARTICLE  153. 

All  property  and  possessions  in  Egypt  of  the  German  Empire  and  the  Ger- 
man States  pass  to  the  Egyptian  Government  without  payment. 

For  this  purpose,  the  property  and  possessions  of  the  German  Empire  and 
States  shall  be  deemed  to  include  all  the  property  of  the  Crown,  the  Empire 
or  the  State,  and  the  private  property  of  the  former  German  Emperor  and 
other  Royal  personages. 

All  movable  and  immovable  property  in  Egypt  belonging  to  German  na- 
tionals shall  be  dealt  with  in  accordance  with  Sections  III  and  IV  of  Part  X 
(Economic  Clauses)  of  the  present  Treaty. 

ARTICLE  154. 

Egyptian  goods  entering  Germany  shall  enjoy  the  treatment  accorded  to 
British  goods. 

SECTION  VII. 
TURKEY  AND  BULGARIA. 

ARTICLE  155. 

Germany  undertakes  to  recognise  and  accept  all  arrangements  which  the 
Allied  and  Associated  Powers  may  make  with  Turkey  and  Bulgaria  with 
reference  to  any  rights,  interests  and  privileges  whatever  which  might 
be  claimed  by  Germany  or  her  nationals  in  Turkey  and  Bulgaria  and  which 
are  not  dealt  with  in  the  provisions  of  the  present  Treaty. 


SECTION  VIII. 

SHANTUNG. 

ARTICLE  156. 

Germany  renounces,  in  favour  of  Japan,  all  her  rights,  title  and  privi- 
leges— particularly  those  concerning  the  territory  of  Kiaochow,  railways, 
mines  and  submarine  cables — which  she  acquired  in  virtue  of  the  Treaty 
concluded  by  her  with  China  on  March  6,  1898,  and  of  all  other  arrange- 
ments relative  to  the  Province  of  Shantung. 

All  German  rights  in  the  Tsingtao-Tsinanfu  Railway,  including  its  branch 
lines,  together  with  is  subsidiary  property  of  all  kinds,  stations,  shops,  fixed 
and  rolling  stock,  mines,  plant  and  material  for  the  exploitation  of  the  mines, 
are  and  remain  acquired  by  Japan,  together  with  all  rights  and  privileges 
attaching  thereto. 

The  German  State  submarine  cables  from  Tsingtao  to  Shanghai  and  from 
Tsingtao  to  Chefoo,  with  all  the  rights,  privileges  and  properties  attaching 
thereto,  are  similarly  acquired  by  Japan,  free  and  clear  of  all  charges  and 
encumbrances. 


534  INTERNATIONAL   RELATIONS 

ARTICLE  157. 

The  movable  and  immovable  property  owned  by  the  German  State  in  the 
territory  of  Kiaochow,  as  well  as  all  the  rights  which  Germany  might  claim 
in  consequence  of  the  works  or  improvements  made  or  of  the  expenses  in- 
curred by  her,  directly  or  indirectly,  in  connection  with  this  territory,  are  and 
remain  acquired  by  Japan,  free  and  clear  of  all  charges  and  encumbrances. 

ARTICLE  158. 

Germany  shall  hand  over  to  Japan  within  three  months  from  the  coming  into 
force  of  the  present  Treaty  the  archives,  registers,  plans,  title-deeds  and  docu- 
ments of  every  kind,  wherever  they  may  be,  relating  to  the  administration, 
whether  civil,  military,  financial,  judicial  or  other,  of  the  territory  of  Kiao- 
chow. 

Within  the  same  period  Germany  shall  give  particulars  to  Japan  of  all 
treaties,  arrangements  or  agreements  relating  to  the  rights,  title  or  privi- 
leges referred  to  in  the  two  preceding  Articles. 


PART  V. 
MILITARY,  NAVAL  AND  AIR  CLAUSES. 


In  order  to  render  possible  the  initiation  of  a  general  limitation  of  the  arma- 
ryents  of  all  nations,  Germany  undertakes  strictly  to  observe  the  military, 
naval  and  air  clauses  which  follow. 


SECTION  I. 

MILITARY  CLAUSES. 
CHAPTER  I. 

EFFECTIVES  AND  CADRES  OF  THE  GERMAN  ARMY. 

ARTICLE  159. 

The  German  military  forces  shall  be  demobilized  and  reduced  as  prescribed 
hereinafter. 

ARTICLE  160. 

(i)  By  a  date  which  must  not  be  later  than  March  31,  1920,  the  German 
Army  must  not  comprise  more  than  seven  divisions  of  infantry  and  three 
divisions  of  cavalry. 

After  that  date  the  total  number  of  effectives  in  the  Army  of  the  States 
constituting  Germany  must  not  exceed  one  hundred  thousand  men,  including 


TREATY   OF   PEACE  535 

officers  and  establishments  of  depots.  The  Army  shall  be  devoted  exclusively 
to  the  maintenance  of  order  within  the  territory  and  to  the  control  of  the 
frontiers. 

The  total  effective  strength  of  officers,  including  the  personnel  of  staffs, 
whatever  their  composition,  must  not  exceed  four  thousand. 

(2)  Divisions  and  Army  Corps  headquarters  staffs  shall  be  organised  in 
accordance  with  Table  No.  I  annexed  to  this  Section. 

The  number  and  strengths  of  the  units  of  infantry,  artillery,  engineers, 
technical  services  and  troops  laid  down  in  the  aforesaid  Table  constitute 
maxima  which  must  not  be  exceeded. 

The  following  units  may  each  have  their  own  depot : 
An    Infantry   regiment ; 
A  Cavalry  regiment; 
A  regiment  of  Field  Artillery ; 
A  battalion  of  Pioneers. 

(3)  The  divisions  must  not  be  grouped  under  more  than  two  army  corps 
headquarters  staffs. 

The  maintenance  or  formation  of  forces  differently  grouped  or  of  other 
organisation  for  the  command  of  troops  or  for  preparation  for  war  is  for- 
bidden. 

The  Great  German  General  Staff  and  all  similar  organisations  shall  be 
dissolved  and  may  not  be  reconstituted  in  any  form. 

The  officers,  or  persons  in  the  position  of  officers,  in  the  Ministries  of  War 
in  the  different  States  in  Germany  and  in  the  Administrations  attached  to 
them,  must  not  exceed  three  hundred  in  number  and  are  included  in  the 
maximum  strength  of  four  thousand  laid  down  in  the  third  sub-paragraph  of 
paragraph  (i)  of  this  Article. 

ARTICLE  161. 

Army  administrative  services  consisting  of  civilian  personnel  not  included 
in  the  number  of  effectives  prescribed  by  the  present  Treaty  will  have 
such  personnel  reduced  in  each  class  to  one-tenth  of  that  laid  down  in  the 
Budget  of  1913. 

ARTICLE  162. 

The  number  of  employees  or  officials  of  the  German  States,  such  as  cus- 
toms officers,  forest  guards  and  coastguards,  shall  not  exceed  that  of  the 
employees  or  officials  functioning  in  these  capacities  in  1913. 

The  number  of  gendarmes  and  employees  or  officials  of  the  local  or 
municipal  police  may  only  be  increased  to  an  extent  corresponding  to  the 
increase  of  population  since  1913  in  the  districts  or  municipalities  in  which 
they  are  employed. 

These  employees  and  officials  may  not  be  assembled  for  military  training. 

ARTICLE  163. 

The  reduction  of  the  strength  of  the  German  military  forces  as  provided 
for  in  Article  160  may  be  effected  gradually  in  the  following  manner: 


536 

Within  three  months  from  the  coming  into  force  of  the  present  Treaty 
the  total  number  of  effectives  must  be  reduced  to  200,000  and  the  number 
of  units  must  not  exceed  twice  the  number  of  those  laid  down  in  Article 
1 60. 

At  the  expiration  of  this  period,  and  at  the  end  of  each  subsequent  period 
of  three  months,  a  Conference  of  military  experts  of  the  Principal  Allied 
and  Associated  Powers  will  fix  the  reductions  to  be  made  in  the  ensuing 
three  months,  so  that  by  March  31,  1920,  at  the  latest  the  total  number  of 
German  effectives  does  not  exceed  the  maximum  number  of  100,000  men 
laid  down  in  Article  160.  In  these  successive  reductions  the  same  ratio 
between  the  number  of  officers  and  of  men,  and  between  the  various  kinds 
of  units,  shall  be  maintained  as  is  laid  down  in  that  Article. 


CHAPTER  II. 
ARMAMENT,  MUNITIONS  AND  MATERIAL. 

ARTICLE  164. 

Up  till  the  time  at  which  Germany  is  admitted  as  a  member  of  the  League 
of  Nations  the  German  Army  must  not  possess  an  armament  greater  than 
the  amounts  fixed  in  Table  No.  II  annexed  to  this  Section,  with  the  excep- 
tion of  an  optional  increase  not  exceeding  one-twentyfifth  part  for  small 
arms  and  one-fiftieth  part  for  guns,  which  shall  be  exclusively  used  to  provide 
for  such  eventual  replacements  as  may  be  necessary. 

Germany  agrees  that  after  she  has  become  a  member  of  the  League  of  Na- 
tions the  armaments  fixed  in  the  said  Table  shall  remain  in  force  until  they 
are  modified  by  the  Council  of  the  League.  Furthermore  she  hereby  agrees 
strictly  to  observe  the  decisions  of  the  Council  of  the  League  on  this  subject. 

ARTICLE  165. 

The  maximum  number  of  guns,  machine  guns,  trench-mortars,  rifles  and 
the  amount  of  ammunition  and  equipment  which  Germany  is  allowed  to 
maintain  during  the  period  between  the  coming  into  force  of  the  present 
Treaty  and  the  date  of  March  31,  1920,  referred  to  in  Article  160,  shall  bear 
the  same  proportion  to  the  amount  authorized  in  Table  No.  Ill  annexed  to 
this  Section  as  the  strength  of  the  German  Army  as  reduced  from  time  to 
time  in  accordance  with  Article  163  bears  to  the  strength  permitted  under 
Article  160. 

ARTICLE  166. 

At  the  date  of  March  31,  1920,  the  stock  of  munitions  which  the  German 
Army  may  have  at  its  disposal  shall  not  exceed  the  amounts  fixed  in  Table 
No.  Ill  annexed  to  this  Section. 

Within  the  same  period  the  German  Government  will  store  these  stocks 
at  points  to  be  notified  to  the  Governments  of  the  Principal  Allied  and 
Associated  Powers.  The  German  Government  is  forbidden  to  establish  any 
other  stocks,  depots  or  reserves  of  munitions. 


TREATY   OF   PEACE  537 

ARTICLE  167. 

The  number  and  calibre  of  the  guns  constituting  at  the  date  of  the  coming 
into  force  of  the  present  Treaty  the  armament  of  the  fortified  works,  for- 
tresses, and  any  land  or  coast  forts  which  Germany  is  allowed  to  retain  must 
be  notified  immediately  by  the  German  Government  to  the  Governments  of  the 
Principal  Allied  and  Associated  Powers,  and  will  constitute  maximum 
amounts  which  may  not  be  exceeded. 

Within  two  months  from  the  coming  into  force  of  the  present  Treaty,  the 
maximum  stock  of  ammunition  for  these  guns  will  be  reduced  to,  and  main- 
tained at,  the  following  uniform  rates : — fifteen  hundred  rounds  per  piece 
for  those  the  calibre  of  which  is  10.5  cm.  and  under :  five  hundred  rounds  per 
piece  for  those  of  higher  calibre. 

ARTICLE  168. 

The  manufacture  of  arms,  munitions,  or  any  war  material,  shall  only  be 
carried  out  in  factories  or  works  the  location  of  which  shall  be  communicated 
to  and  approved  by  the  Governments  of  the  Principal  Allied  and  Associated 
Powers,  and  the  number  of  which  they  retain  the  right  to  restrict. 

Within  three  months  from  the  coming  into  force  of  the  present  Treaty, 
all  other  establishments  for  the  manufacture,  preparation,  storage  or  design 
of  arms,  munitions,  or  any  war  material  whatever  shall  be  closed  down. 
The  same  applies  to  all  arsenals  except  those  used  as  depots  for  the  authorised 
stocks  of  munitions.  Within  the  same  period  the  personnel  of  these  arsenals 
will  be  dismissed. 

ARTICLE  169. 

Within  two  months  from  the  coming  into  force  of  the  present  Treaty 
German  arms,  munitions  and  war  material,  including  anti-aircraft  material, 
existing  in  Germany  in  excess  of  the  quantities  allowed,  must  be  surrendered 
to  the  Governments  of  the  Principal  Allied  and  Associated  Powers  to  be 
destroyed  or  rendered  useless.  This  will  also  apply  to  any  special  plant 
intended  for  the  manufacture  of  military  material,  except  such  as  may  be 
recognised  as  necessary  for  equipping  the  authorised  strength  of  the  German 
Army. 

The  surrender  in  question  will  be  effected  at  such  points  in  German 
territory  as  may  be  selected  by  the  said  Governments. 

Within  the  same  period  arms,  munitions  and  war  material,  including  anti- 
aircraft material,  of  origin  other  than  German,  in  whatever  state  they  may  be, 
will  be  delivered  to  the  said  Governments,  who  will  decide  as  to  their  disposal. 

Arms  and  munitions  which  on  account  of  the  successive  reductions  in  the 
strength  of  the  German  army  become  in  excess  of  the  amounts  authorized  by 
Tables  II  and  III  annexed  to  this  Section  must  be  handed  over  in  the  manner 
laid  down  above  within  such  periods  as  may  be  decided  by  the  Conferences 
referred  to  in  Article  163. 


538 

ARTICLE  170. 

Importation  into  Germany  of  arms,  munitions  and  war  material  of  every 
kind  shall  be  strictly  prohibited. 

The  same  applies  to  the  manufacture  for,  and  export  to,  foreign  countries 
of  arms,  munitions  and  war  material  of  every  kind. 

ARTICLE  171. 

The  use  of  asphyxiating,  poisonous  or  other  gases  and  all  analogous  liquids, 
materials  or  devices  being  prohibited,  their  manufacture  and  importation  are 
strictly  forbidden  in  Germany. 

The  same  applies  to  materials  specially  intended  for  the  manufacture, 
storage  and  use  of  the  said  products  or  devices. 

The  manufacture  and  the  importation  into  Germany  of  armoured  cars,  tanks 
and  all  similar  constructions  suitable  for  use  in  war  are  also  prohibited. 

ARTICLE  172. 

Within  a  period  of  three  months  from  the  coming  into  force  of  the  present 
Treaty,  the  German  Government  will  disclose  to  the  Governments  of  the 
Principal  Allied  and  Associated  Powers  the  nature  and  mode  of  manufacture 
of  all  explosives,  toxic  substances  or  other  like  chemical  preparations  used  by 
them  in  the  war  or  prepared  by  them  for  the  purpose  of  being  so  used. 


CHAPTER  III. 

RECRUITING  AND  MILITARY  TRAINING. 
ARTICLE  173. 

Universal  compulsory  military  service  shall  be  abolished  in  Germany. 
The  German  Army  may  only  be  constituted  and  recruited  by  means  of 
voluntary  enlistment. 

ARTICLE  174. 

The  period  of  enlistment  for  non-commissioned  officers  and  privates  must 
be  twelve  consecutive  years. 

The  number  of  men  discharged  for  any  reason  before  the  expiration  of 
their  term  of  enlistment  must  not  exceed  in  any  year  five  per  cent,  of  the 
total  effectives  fixed  by  the  second  sub-paragraph  of  paragraph  (i)  of 
Article  160  of  the  present  Treaty. 

ARTICLE  175. 

The  officers  who  are  retained  in  the  Army  must  undertake  the  obligation 
to  serve  in  it  up  to  the  age  of  forty-five  years  at  least. 

Officers  newly  appointed  must  undertake  to  serve  on  the  active  list  for 
twenty-five  consecutive  years  at  least. 


TREATY   OF   PEACE  539 

Officers  who  have  previously  belonged  to  any  formations  whatever  of  the 
Army,  and  who  are  not  retained  in  the  units  allowed  to  be  maintained,  must 
not  take  part  in  any  military  exercise  whether  theoretical  or  practical,  and 
will  not  be  under  any  military  obligations  whatever. 

The  number  of  officers  discharged  for  any  reason  before  the  expiration 
of  their  term  of  service  must  not  exceed  in  any  year  five  per  cent,  of  the 
total  effectives  of  officers  provided  for  in  the  third  sub-paragraph  (i)  of 
Article  160  of  the  present  Treaty. 

ARTICLE  176. 

On  the  expiration  of  two  months  from  the  coming  into  force  of  the 
present  Treaty  there  must  only  exist  in  Germany  the  number  of  military 
schools  which  is  absolutely  Indispensable  for  the  recruitment  of  the  officers 
of  the  units  allowed.  These  schools  will  be  exclusively  intended  for  the 
recruitment  of  officers  of  each  arm,  in  the  proportion  of  one  school  per  arm. 

The  number  of  students  admitted  to  attend  the  courses  of  the  said  schools 
will  be  strictly  in  proportion  to  the  vacancies  to  be  filled  in  the  cadres  of 
officers.  The  students  and  the  cadres  will  be  reckoned  in  the  effectives  fixed 
by  the  second  and  third  sub-paragraphs  of  paragraph  (i)  of  Article  160  of 
the  present  Treaty. 

Consequently,  and  during  the  period  fixed  above,  all  military  academies 
or  similar  institutions  in  Germany,  as  well  as  the  different  military  schools 
for  officers,  student  officers  (Aspirantcn),  cadets,  non-commissioned  officers 
or  student  non-commissioned  officers  (Aspirant en),  other  than  the  schools 
above  provided  for,  will  be  abolished. 

ARTICLE  177. 

Educational  establishments,  the  universities,  societies  of  discharged  sol- 
diers, shooting  or  touring  clubs  and,  generally  speaking,  associations  of  every 
description,  whatever  be  the  age  of  their  members,  must  not  occupy  them- 
selves with  any  military  matters.  , 

In  particular  they  will  be  forbidden  to  instruct  or  exercise  their  members, 
or  to  allow  them  to  be  instructed  or  exercised,  in  the  profession  or  use  of 
arms. 

These  societies,  associations,  educational  establishments  and  universities 
must  have  no  connection  with  the  Ministries  of  War  or  any  other  military 
authority. 

ARTICLE  178. 

All  measures  of  mobilization  or  appertaining  to  mobilization  are  forbidden. 
In  no   case   must   formations,   administrative   services   or   General   Staffs 
include  supplementary  cadres. 

ARTICLE  179. 

Germany  agrees,  from  the  coming  into  force  of  the  present  Treaty,  not  to 
accredit  nor  to  send  to  any  foreign  country  any  military,  naval  or  air  mis- 
sion, nor  to  allow  any  such  mission  to  leave  her  territory,  and  Germany 


540  INTERNATIONAL   RELATIONS 

further  agrees  to  take  appropriate  measures  to  prevent  German  nationals 
from  leaving  her  territory  to  become  enrolled  in  the  Army,  Navy  or  Air 
service  of  any  foreign  Power,  or  to  be  attached  to  such  Army,  Navy  or  Air 
service  for  the  purpose  of  assisting  in  the  military,  naval  or  air  training 
thereof,  or  otherwise  for  the  purpose  of  giving  military,  naval  or  air  instruc- 
tion in  any  foreign  country. 

The  Allied  and  Associated  Powers  agree,  so  far  as  they  are  concerned, 
from  the  coming  into  force  of  the  present  Treaty,  not  to  enrol  in  nor  to 
attach  to  their  armies  or  naval  or  air  forces  any  German  national  for  the 
purpose  of  assisting  in  the  military  training  of  such  armies  or  naval  or  air 
forces,  or  otherwise  to  employ  any  such  German  national  as  military,  naval 
or  aeronautic  instructor. 

The  present  provision  does  not,  however,  affect  the  right  of  France  to 
recruit  for  the  Foreign  Legion  in  accordance  with  French  military  laws  and 
regulations. 

CHAPTER  IV. 

FORTIFICATIONS. 

ARTICLE  180. 

All  fortified  works,  fortresses  and  field  works  situated  in  German  territory 
to  the  west  of  a  line  drawn  fifty  kilometres  to  the  east  of  the  Rhine  shall  be 
disarmed  and  dismantled. 

Within  a  period  of  two  months  from  the  coming  into  force  of  the  present 
Treaty  such  of  the  above  fortified  works,  fortresses  and  field  works  as  are 
situated  in  territory  not  occupied  by  Allied  and  Associated  troops  shall  be 
disarmed,  and  within  a  further  period  of  four  months  they  shall  be  dis- 
mantled. Those  which  are  situated  in  territory  occupied  by  Allied  and 
Associated  troops  shall  be  disarmed  and  dismantled  within  such  periods  as 
may  be  fixed  by  the  Allied  High  Command. 

The  construction  of  any  new  fortification,  whatever  its  nature  and  impor- 
tance, is  forbidden  in  the  zone  referred  to  in  the  first  paragraph  above. 

The  system  of  fortified  works  of  the  southern  and  eastern  frontiers  of 
Germany  shall  be  maintained  in  its  existing  state. 


TABLE  No.  i. 

STATE    AND    ESTABLISHMENT    OF    ARMY    CORPS    HEADQUARTERS    STAFFS    AND    OF 
INFANTRY    AND   CAVALRY   DIVISIONS. 

These  tabular  statements  do  not  form  a  fixed  establishment  to  be  imposed 
on  Germany,  but  the  figures  contained  in  them  (number  of  units  and 
strengths)  represent  maximum  figures,  which  should  not  in  any  case  be 
exceeded. 


TREATY   OF   PEACE 

I. — ARMY  CORPS  HEADQUARTERS  STAFFS. 


Unit. 

Maxi- 
mum 
No. 
author- 
ised. 

Maximum  strengths 
of  each  unit. 

Officers. 

N.C.O.'s 
and  Men. 

Army    Corps    Headquarters    Staff  

2 

30 

150 

Total   for  Headquarters   Staffs  

60 

300 

II.  ESTABLISHMENT   OF  AN   INFANTRY   DIVISION. 


Unit 

Maxi- 
mum No. 
of  such 
units  in 
a  single 
division. 

Maximum  strengths 
of  each  unit. 

Officers. 

N.C.O.'s 
and  Men. 

Headquarters   of  an  infantry   division  

i 
i 
i 
3 

3 

i 
I 

i 
i 

i 

25 

4 
4 
70 

6 
6 

85  - 

12 
12 

20 

14 

7<> 
30 
30 
2,300 

150 
15° 
1,300 

400 
300 

400 
800 

Headquarters  of  divisional  artillery  

(Each   regiment  comprises  3  battalions  of  infantry. 
Each  battalion  comprises  3  companies  of  infantry 
and   i   machine-gun  company.) 

(Each    regiment    comprises    3    groups    of    artillery. 
Each  group  comprises  3  batteries.) 

(This  battalion   comprises  2   companies  of  pioneers, 
i   pontoon  detachment,   i   searchlight  section.) 

(This  detachment  comprises  i  telephone  detachment, 
i   listening  section,   i  carrier  pigeon  section.) 

Parks  and  convoys  

4IO 

10,830 

III.  ESTABLISHMENT    OF    A    CAVALRY    DIVISION. 


Unit. 

Maxi- 
mum No. 
of  such 
units  in 
a  single 
division. 

Maximum  strengths 
of  each  unit. 

Officers. 

N.C.O.'s 
and  Men. 

i 
6 

i 

IS 
40 

20 

oS° 

800 
400 

(Each  regiment  comprises  4  squadrons.) 

275 

S.2SO 

542 


INTERNATIONAL   RELATIONS 
TABLE  No.  II. 


TABULAR  STATEMENT  OF  ARMAMENT  ESTABLISHMENT  FOR  A  MAXIMUM  OF  SEVEN 
INFANTRY  DIVISIONS,  THREE  CAVALRY  DIVISIONS,  AND  TWO  ARMY  CORPS  HEAD- 
QUARTERS STAFFS. 


Infantry 
division. 

For  7 
infantry 

Cavalry 
division. 

Fora 

cavalry 

Two   army 
corps  head- 

Total of 
columns 

divisions. 

divisions. 

quarters  staffs. 

2,  4  and  5. 

Material. 

(i) 

(2) 

(3) 

(4) 

(S) 

(6) 

Rifles    

12,000 

This    establish- 

84,000 

must  be  drawn 

18,000 

Heavy  machine  guns 

108 

756 

12 

36 

from     the     in- 

792 

Light  machine  guns.  . 

162 

1,134 

creased     arma- 

1,134 

Medium  trench  mor- 

ments   of    the 

tars   

9 

63 

divisional      in- 

63 

Light  trench  mortars 

27 

189 

fantry. 

189 

168 

\6 

io.5-cm.   howitzers    .  . 

12 

84 

84 

TABLE  No.  III. 

MAXIMUM   STOCKS  AUTHORISED. 


Material. 

Maxi- 
mum 
number 
of  Arms 
author- 
ised. 

Estab- 
lishment, 
per  unit. 

Maxi- 
mum 
totals 

Rifles              

Rounds. 

Rounds. 

1,134 

61 

180 

800 

Fielld  artillery: 
7.7  cm    guns    

204 

1,000 

84 

800 

SECTION  II. 

NAVAL  CLAUSES. 

ARTICLE  181. 

After  the  expiration  of  a  period  of  two  months  from  the  coming  into 
force  of  the  present  Treaty  the  German  naval  forces  in  commission  must 
not  exceed: 

6  battleships  of  the  Deutschland  or  Lo'thringen  type, 
6  light  cruisers, 
12  destroyers, 
12  torpedo  boats, 


TREATY   OF   PEACE  543 

or  an  equal  number  of  ships  constructed  to  replace  them  as  provided  in 
Article  190. 

No  submarines  are  to  be  included. 

All  other  warships,  except  where  there  is  provision  to  the  contrary  in  the 
present  Treaty,  must  be  placed  in  reserve  or  devoted  to  commercial  purposes. 

ARTICLE  182. 

Until  the  completion  of  the  mineswceping  prescribed  by  Article  193  Gtr- 
many  will  keep  in  commission  such  number  of  minesweeping  vessels  as  may 
be  fixed  by  the  Governments  of  the  Principal  Allied  and  Associated  -Powers. 

ARTICLE  183. 

After  the  expiration  of  a  period  of  two  months  from  the  coming  into 
force  of  the  present  Treaty  the  total  personnel  of  the  German  Navy,  includ- 
ing the  manning  of  the  fleet,  coast  defences,  signal  stations,  administration 
and  other  land  services,  must  not  exceed  fifteen  thousand,  including  officers 
and  men  of  all  grades  and  corps. 

The  total  strength  of  officers  and  warrant  officers  must  not  exceed  fifteen 
hundred. 

Within  two  months  from  the  coming  into  force  of  the  present  Treaty  the 
personnel  in  excess  of  the  above  strength  shall  be  demobilized. 

No  naval  or  military  corps  or  reserve  force  in  connection  with  the  Navy 
may  be  organised  in  Germany  without  being  included  in  the  above  strength. 

ARTICLE  184. 

From  the  date  of  the  coming  into  force  of  the  present  Treaty  all  the 
German  surface  warships  which  are  not  in  German  ports  cease  to  belong  to 
Germany,  who  renounces  all  rights  over  them. 

Vessels  which,  in  compliance  with  the  Armistice  of  November  n,  1918, 
are  now  interned  in  the  ports  of  the  Allied  and  Associated  Powers  are 
declared  to  be  finally  surrendered. 

Vessels  which  are  now  interned  in  neutral  ports  will  be  there  surrendered 
to  the  Governments  of  the  Principal  Allied  and  Associated  Powers.  The 
German  Government  must  address  a  notification  to  that  effect  to  the  neutral 
Powers  on  the  coming  into  force  of  the  present  Treaty. 

ARTICLE  185. 

Within  a  period  of  two  months  from  the  coming  into  force  of  the  present 
Treaty  the  German  surface  warships  enumerated  below  will  be  surrendered 
to  the  Governments  of  the  Principal  Allied  and  Associated  Powers  in  such 
Allied  ports  as  the  said  Powers  may  direct. 

These  warships  will  have  been  disarmed  as  provided  in  Article  XXIII 
of  the  Armistice  of  November  n,  1918.  Nevertheless,  they  must  have  all 
their  guns  on  board. 


544  INTERNATIONAL   RELATIONS 

BATTLESHIPS. 

Oldenburg.  Posen. 

Thuringen.  Westfalen. 

Ostfriesland.  Rheinland. 

Helgoland.  Nassau. 

LIGHT   CRUISERS. 

Stettin.  Stralsund. 

Danzig.  Augsburg. 

Munchcn.  Kolberg. 

Lubeck.  Stuttgart. 

and,  in  addition,  forty-two  modern  destroyers  and  fifty  modern  torpedo 
boats,  as  chosen  by  the  Governments  of  the  Principal  Allied  and  Associated 
Powers. 

ARTICLE  186. 

On  the  coming  into  force  of  the  present  Treaty  the  German  Government 
must  undertake,  under  the  supervision  of  the  Governments  of  the  Principal 
Allied  and  Associated  Powers,  the  breaking-up  of  all  the  German  surface 
warships  now  under  construction. 

ARTICLE  187. 

The  German  auxiliary  cruisers  and  fleet  auxiliaries  enumerated  below 
will  be  disarmed  and  treated  as  merchant  ships. 

INTERRED   IN    NEUTRAL   COUNTRIES: 

Berlin.  Seydlitz. 

Santa  Fe.  Yorck. 

IN  GERMANY: 

Amman.  Filrst  Billow. 

Ansivald.  Gertrud. 

Bosnia.  Kigoma. 

Cordoba.  Rugia. 

Cassel.  Santa  Elena. 

Dania.  Schleswig. 

Rio  Negro.  Mowe. 

Rio  Par  do.  Sierra  Vent  ana. 

Santa  Cruz.  Chemnitz. 

Schwaben.  Hmil  George  Von  Strauss. 

Solingen.  Habsburg. 

Steigerwald.  Meteor. 

Franken.  Waltrautc. 

Gundomar.  Scharnhorst. 


TREATY  OF   PEACE  545 

ARTICLE  188. 

On  the  expiration  of  one  month  from  the  coming  into  force  of  the  present 
Treaty  all  German  submarines,  submarine  salvage  vessels  and  docks  for 
submarines,  including  the  tubular  dock,  must  have  been  handed  over  to  the 
Governments  of  the  Principal  Allied  and  Associated  Powers. 

Such  of  these  submarines,  vessels  and  docks  as  are  considered  by  the  said 
Governments  to  be  fit  to  proceed  under  their  own  power  or  to  be  towed  shall 
be  taken  by  the  German  Government  into  such  Allied  ports  as  have  been 
indicated. 

The  remainder,  and  also  those  in  course  of  construction,  shall  be  broken 
up  entirely  by  the  German  Government  under  the  supervision  of  the  said 
Governments.  The  breaking-up  must  be  completed  within  three  months  at 
the  most  after  the  coming  into  force  of  the  present  Treaty. 

ARTICLE  189. 

Articles,  machinery  and  material  arising  from  the  breaking  up  of  German 
warships  of  all  kinds,  whether  surface  vessels  or  submarines,  may  not  be 
used  except  for  purely  industrial  or  commercial  purposes. 

They  may  not  be  sold  or  disposed  of  to  foreign  countries. 

ARTICLE  190. 

Germany  is  forbidden  to  construct  or  acquire  any  warships  other  than  those 
intended  to  replace  the  units  in  commission  provided  for  in  Article  181  of 
the  present  Treaty. 

The  warships  intended  for  replacement  purposes  as  above  shall  not  exceed 
the  following  displacement : 

Armoured  ships    10,000  tons, 

Light  cruisers   6,000  tons, 

Destroyers    800  tons, 

Torpedo   boats    200  tons. 

Except  where  a  ship  has  been  lost,  units  of  the  different  classes  shall  only 
be  replaced  at  the  end  of  a  period  of  twenty  years  in  the  case  of  battleships 
and  cruisers,  and  fifteen  years  in  the  case  of  destroyers  and  torpedo  boats, 
counting  from  the  launching  of  the  ship. 

ARTICLE  191. 

The  construction  or  acquisition  of  any  submarine,  even  for  commercial 
purposes,  shall  be  forbidden  in  Germany. 

ARTICLE  192. 
The  warships  in  commission  of  the  German  fleet  must  have  on  board  or 


54<5  INTERNATIONAL   RELATIONS 

in  reserve  only  the  allowance  of  arms,  munitions  and  war  material  fixed 
by  the  Principal  Allied  and  Associated  Powers. 

Within  a  month  from  the  fixing  of  the  quantities  as  above,  arms,  muni- 
tions and  war  material  of  all  kinds,  including  mines  and  torpedoes,  now  in 
the  hands  of  the  German  Government  and  in  excess  of  the  said  quantities, 
shall  be  surrendered  to  the  Governments  of  the  said  Powers  at  places  to 
be  indicated  by  them.  Such  arms,  munitions  and  war  material  will  be 
destroyed  or  rendered  useless. 

All  other  stocks,  depots  or  reserves  of  arms,  munitions  or  naval  war  ma- 
terial of  all  kinds  are  forbidden. 

The  manufacture  of  these  articles  in  German  territory  for,  and  their  export 
to,  foreign  countries  shall  be  forbidden. 

ARTICLE  193. 

On  the  coming  into  force  of  the  present  Treaty  Germany  will  forthwith 
sweep  up  the  mines  in  the  following  areas  in  the  North  Sea  to  the  eastward 
of  longitude  4°  oo'  E.  of  Greenwich : 

(i)  Between  parallels  of  latitude  53°  oo'  N.  and  59°  oo'  N. ;  (2)  To  the 
northward  of  latitude  60°  30'  N. 

Germany  must  keep  these  areas  free  from  mines. 

Germany  must  also  sweep  and  keep  free  from  mines  such  areas  in  the 
Baltic  as  may  ultimately  be  notified  by  the  Governments  of  the  Principal 
Allied  and  Associated  Powers. 

ARTICLE  194. 

The  personnel  of  the  German  Navy  shall  be  recruited  entirely  by  volun- 
tary engagements  entered  into  for  a  minimum  period  of  t\venty-five  con- 
secutive years  for  officers  and  warrant  officers;  twelve  consecutive  years  for 
petty  officers  and  men. 

The  number  engaged  to  replace  those  discharged  for  any  reason  before  the 
expiration  of  their  term  of  service  must  not  exceed  five  per  cent,  per  annum 
of  the  totals  laid  down  in  this  Section  (Article  183). 

The  personnel  discharged  from  the  Navy  must  not  receive  any  kind  of 
naval  or  military  training  or  undertake  any  further  service  in  the  Navy  or 
Army. 

Officers  belonging  to  the  German  Navy  and  not  demobilised  must  engage  to 
serve  till  the  age  of  forty-five,  unless  discharged  for  sufficient  reasons. 

No  officer  or  man  of  the  German  mercantile  marine  shall  receive  any 
training  in  the  Navy. 

ARTICLE  195. 

In  order  to  ensure  free  passage  into  the  Baltic  to  all  nations,  Germany 
shall  not  erect  any  fortifications  in  the  area  comprised  between  latitudes 
55°  2/  N.  and  54°  oo'  N.  and  longitudes  9°  oo'  E.  and  16°  oo'  E.  of  the 
meridian  of  Greenwich  nor  instal  any  guns  commanding  the  maritime  routes 


TREATY   OF   PEACE  547 

between  the  North  Sea  and  the  Baltic.  The  fortifications  now  existing  in  this 
area  shall  be  demolished  and  the  guns  removed  under  the  supervisions  of  the 
Allied  Governments  and  in  periods  to  be  fixed  by  them. 

The  German  Government  shall  place  at  the  disposal  of  the  Governments 
of  the  Principal  Allied  and  Associated  Powers  all  hydrographical  information 
now  in  its  possession  concerning  the  channels  and  adjoining  waters  between 
the  Baltic  and  the  North  Sea. 

ARTICLE  196. 

All  fortified  works  and  fortifications,  other  than  those  mentioned  in  Sec- 
tion XIII  (Heligoland)  of  Part  III  (Political  Clauses  for  Europe)  and  in 
Article  195,  now  established  within  fifty  kilometres  of  the  German  coast  or 
on  German  islands  off  that  coast  shall  be  considered  as  of  a  defensive  nature 
and  may  remain  in  their  existing  condition. 

No  new  fortifications  shall  be  constructed  within  these  limits.  The  arma- 
ment of  these  defences  shall  not  exceed,  as  regards  the  number  and  calibre 
of  guns,  those  in  position  at  the  date  of  the  coming  into  force  of  the  present 
Treaty.  The  German  Government  shall  communicate  forthwith  particulars 
thereof  to  all  the  European  Governments. 

On  the  expiration  of  a  period  of  two  months  from  the  coming  into  force 
of  the  present  Treaty  the  stocks  of  ammunition  for  these  guns  shall  be 
reduced  to  and  maintained  at  a  maximum  figure  of  fifteen  hundred  rounds 
per  piece  for  calibres  of  4.1-inch  and  under,  and  five  hundred  rounds  per  piece 
for  higher  calibres. 

ARTICLE  197. 

During  the  three  months  following  the  coming  into  force  of  the  present 
Treaty  the  German  high-power  wireless  telegraphy  stations  at  Nauen, 
Hanover  and  Berlin  shall  not  be  used  for  the  transmission  of  messages  con- 
cerning naval,  military  or  political  questions  of  interest  to  Germany  or  any 
State  which  has  been  allied  to  Germany  in  the  war,  without  the  assent  of  the 
Governments  of  the  Principal  Allied  and  Associated  Powers.  These  stations 
may  be  used  for  commercial  purposes,  but  only  under  the  supervision  of  the 
said  Governments,  who  will  decide  the  wave-length  to  be  used. 

During  the  same  period  Germany  shall  not  build  any  more  high-power  wire- 
less telegraphy  stations  in  her  own  territory  or  that  of  Austria,  Hungary. 
Bulgaria  or  Turkey. 

SECTION  III. 
AIR  CLAUSES. 

ARTICLE  198. 

The  armed  forces  of  Germany  must  not  include  any  military  or  naval  air 
forces. 
Germany  may,  during  a  period  not  extending  beyond  October  I,  1919,  main- 


54«  INTERNATIONAL   RELATIONS 

tain  a  maximum  number  of  one  hundred  seaplanes  or  flying  boats,  which  shall 
be  exclusively  employed  in  searching  for  submarine  mines,  shall  be  furnished 
with  the  necessary  equipment  for  this  purpose,  and  shall  in  no  case  carry 
arms,  munitions  or  bombs  of  any  nature  whatever. 

In  addition  to  the  engines  installed  in  the  seaplanes  or  flying  boats  above 
mentioned,  one  spare  engine  may  be  provided  for  each  engine  of  each  of 
these  craft. 

No  dirigible  shall  be  kept. 

ARTICLE  199. 

Within  two  months  from  the  coming  into  force  of  the  present  Treaty  the 
personnel  of  air  forces  on  the  rolls  of  the  German  land  and  sea  forces  shall 
be  demobilized.  Up  to  October  I,  1919,  however,  Germany  may  keep  and 
maintain  a  total  number  of  one  thousand  men,  including  officers,  for  the 
whole  of  the  cadres  and  personnel,  flying  and  non-flying,  of  all  formations 
and  establishments. 

ARTICLE  200. 

Until  the  complete  evacuation  of  German  territory  by  the  Allied  and  Asso- 
ciated troops,  the  aircraft  of  the  Allied  and  Associated  Powers  shall  enjoy 
in  Germany  freedom  of  passage  through  the  air,  freedom  of  transit  and  of 
landing. 

ARTICLE  201. 

During  the  six  months  following  the  coming  into  force  of  the  present 
Treaty,  the  manufacture  and  importation  of  aircraft,  parts  of  aircraft,  engines 
for  aircraft,  and  parts  of  engines  for  aircraft,  shall  be  forbidden  in  all  Ger- 
man territory. 

ARTICLE  202. 

On  the  coming  into  force  of  the  present  Treaty,  all  military  and  naval 
aeronautical  material,  except  the  machines  mentioned  in  the  second  and  third 
paragraphs  of  Article  198,  must  be  delivered  to  the  Governments  of  the  Prin- 
cipal Allied  and  Associated  Powers. 

Delivery  must  be  effected  at  such  places  as  the  said  Governments  may 
select,  and  must  be  completed  within  three  months. 

In  particular,  this  material  will  include  all  items  under  the  following  heads 
which  are  or  have  been  in  use  or  were  designed  for  warlike  purposes : 

Complete  aeroplanes  and  seaplanes,  as  well  as  those  being  manufactured, 
repaired  or  assembled. 

Dirigibles  able  to  take  the  air,  being  manufactured,  repaired  or  assembled. 

Plant  for  the  manufacture  of  hydrogen. 

Dirigible  sheds  and  shelters  of  every  kind  for  aircraft. 

Pending  their  delivery,  dirigibles  will,  at  the  expense  of  Germany,  be  main- 
tained inflated  with  hydrogen ;  the  plant  for  the  manufacture  of  hydrogen,  as 
well  as  the  sheds  for  dirigibles,  may,  at  the  discretion  of  the  said  Powers,  be 
left  to  Germany  until  the  time  when  the  dirigibles  are  handed  over. 


TREATY   OF   PEACE  549 

Engines  for  aircraft. 

Nacelles  and  fuselages. 

Armament  (guns,  machine  guns,  light  machine  guns,  bomb-dropping  appa- 
ratus, torpedo-dropping  apparatus,  synchronization  apparatus,  aiming  ap- 
paratus). 

Munitions  (cartridges,  shells,  bombs  loaded  or  unloaded,  stocks  of  ex- 
plosives or  of  material  for  their  manufacture). 

Instruments  for  use  on  aircraft. 

Wireless  apparatus  and  photographic  or  cinematograph  apparatus  for  use 
on  aircraft. 

Component  parts  of  any  of  the  items  under  the  preceding  heads. 

The  material  referred  to  above  shall  not  be  removed  without  special  per- 
mission from  the  said  Governments. 


SECTION  IV. 
INTER-ALUED  COMMISSIONS  OF  CONTROL. 

ARTICLE  203. 

All  the  military,  naval  and  air  clauses  contained  in  the  present  Treaty,  for 
the  execution  of  which  a  time-limit  is  prescribed,  shall  be  executed  by 
Germany  under  the  control  of  Inter-Allied  Commissions  specially  appointed 
for  this  purpose  by  the  Principal  Allied  and  Associated  Powers. 

ARTICLE  204. 

The  Inter-Allied  Commissions  of  Control  will  be  specially  charged  with 
the  duty  of  seeing  to  the  complete  execution  of  the  delivery,  destruction, 
demolition  and  rendering  things  useless  to  be  carried  out  at  the  expense  of 
the  German  Government  in  accordance  with  the  present  Treaty. 

They  will  communicate  to  the  German  authorities  the  decisions  which  the 
Principal  Allied  and  Associated  Powers  have  reserved  the  right  to  take,  or 
which  the  execution  of  the  military,  naval  and  air  clauses  may  necessitate.. 

ARTICLE  205. 

The  Inter-Allied  Commissions  of  Control  may  establish  their  organisa- 
tions at  the  seat  of  the  central  German  Government. 

They  shall  be  entitled  as  often  as  they  think  desirable  to  proceed  to  any 
point  whatever  in  German  territory,  or  to  send  sub-commissions,  or  to 
authorize  one  or  more  of  their  members  to  go,  to  any  such  point. 

ARTICLE  206. 

The  German  Government  must  give  all  necessary  facilities  for  the  accom- 
plishment of  their  missions  to  the  Inter- Allied  Commissions  of  Control  and 
to  their  members. 


550  INTERNATIONAL  RELATIONS 

It  shall  attach  a  qualified  representative  to  each  Inter-Allied  Commission 
of  Control  for  the  purpose  of  receiving  the  communications  which  the  Com- 
mission may  have  to  address  to  the  German  Government  and  of  supplying  or 
procuring  for  the  Commission  all  information  or  documents  which  may  be 
required. 

The  German  Government  must  in  all  cases  furnish  at  its  own  cost  all 
labour  and  material  required  to  effect  the  deliveries  and  the  works  of  destruc- 
tion, dismantling,  demolition,  and  of  rendering  things  useless,  provided  for 
in  the  present  Treaty. 

ARTICLE  207. 

The  upkeep  and  cost  of  the  Commissions  of  Control  and  the  expenses 
involved  by  their  work  shall  be  borne  by  Germany. 

ARTICLE  208. 

The  Military  Inter- Allied  Commission  of  Control  will  represent  the  Govern- 
ments of  the  Principal  Allied  and  Associated  Powers  in  dealing  with  the 
German  Government  in  all  matters  concerning  the  execution  of  the  military 
clauses. 

In  particular  it  will  be  its  duty  to  receive  from  the  German  Government  the 
notifications  relating  to  the  location  of  the  stocks  and  depots  of  munitions, 
the  armament  of  the  fortified  works,  fortresses  and  forts  which  Germany  is 
allowed  to  retain,  and  the  location  of  the  works  or  factories  for  the  produc- 
tion of  arms,  munitions  and  war  material  and  their  operations. 

It  will  take  delivery  of  the  arms,  munitions  and  war  material,  will  select 
the  points  where  such  delivery  is  to  be  effected,  and  will  supervise  the  works 
of  destruction,  demolition,  and  of  rendering  things  useless,  which  are  to  be 
carried  out  in  accordance  with  the  present  Treaty. 

The  German  Government  must  furnish  to  the  Military  Inter-Allied  Com- 
mission of  Control  all  such  information  and  documents  as  the  latter  may 
deem  necessary  to  ensure  the  complete  execution  of  the  military  clauses,  and 
in  particular  all  legislative  and  administrative  documents  and  regulations. 

ARTICLE  209. 

The  Naval  Inter-Allied  Commission  of  Control  will  represent  the  Govern- 
ments of  the  Principal  Allied  and  Associated  Powers  in  dealing  with  the 
German  Government  in  all  matters  concerning  the  execution  of  the  naval 
clauses. 

In  particular  it  will  be  its  duty  to  proceed  to  the  building  yards  and  to  sup- 
ervise the  breaking-up  of  the  ships  which  are  under  construction  there,  to  take 
delivery  of  all  surface  ships  or  submarines,  salvage  ships,  docks  and  the 
tubular  docks,  and  to  supervise  the  destruction  and  breaking-up  provided  for. 

The  German  Government  must  furnish  to  the  Naval  Inter-Allied  Commis- 
sion of  Control  all  such  information  and  documents  as  the  Commission  may 


TREATY   OF   PEACE  S5I 

deem  necessary  to  ensure  the  complete  execution  of  the  naval  clauses,  in 
particular  the  designs  of  the  warships,  the  composition  of  their  armaments, 
the  details  and  models  of  the  guns,  munitions,  torpedoes,  mines,  explosives, 
wireless  telegraphic  apparatus  and,  in  general,  everything  relating  to  naval 
war  material,  as  well  as  all  legislative  or  administrative  documents  or  regu- 
lations. 

ARTICLE  210. 

The  Aeronautical  Inter-Allied  Commission  of  Control  will  represent  the 
Governments  of  the  Principal  Allied  and  Associated  Powers  in  dealing  with 
the  German  Government  in  all  matters  concerning  the  execution  of  the  air 
clauses. 

In  particular  it  will  be  its  duty  to  make  an  inventory  of  the  aeronautical 
material  existing  in  German  territory,  to  inspect  aeroplane,  balloon  and  motor 
manufactories,  and  factories  producing  arms,  munitions  and  explosives 
capable  of  being  used  by  aircraft,  to  visit  all  aerodromes,  sheds,  landing 
grounds,  parks  and  depots,  to  authorize,  where  necessary,  a  removal  of 
material  and  to  take  delivery  of  such  material. 

The  German  Government  must  furnish  to  the  Aeronautical  Inter-Allied 
Commission  of  Control  all  such  information  and  legislative,  administrative  or 
other  documents  which  the  Commission  may  consider  necessary  to  ensure  the 
complete  execution  of  the  air  clauses,  and  in  particular  a  list  of  the  personnel 
belonging  to  all  the  German  Air  Services,  and  of  the  existing  material,  as  well 
as  of  that  in  process  of  manufacture  or  on  order,  and  a  list  of  all  establish- 
ments working  for  aviation,  of  their  positions,  and  of  all  sheds  and  landing 
grounds. 

SECTION  V. 

GENERAL  ARTICLES. 
ARTICLE  211. 

After  the  expiration  of  a  period  of  three  months  from  the  coming  into 
force  of  the  present  Treaty,  the  German  laws  must  have  been  modified  and 
shall  be  maintained  by  the  German  Government  in  conformity  with  this  Part 
of  the  present  Treaty. 

Within  the  same  period  all  the  administrative  or  other  measures  relating 
the  execution  of  this  Part  of  the  Treaty  must  have  been  taken. 

ARTICLE  212. 

The  fallowing  portions  of  the  Armistice  of  November  II,  1918:  Article 
VI,  the  first  two  and  the  sixth  and  seventh  paragraphs  of  Article  VII; 
Article  IX;  Clauses  I,  II  and  V  of  Annex  n°  2,  and  the  Protocol,  dated 
April  4,  1919,  supplementing  the  Armistice  of  November  1 1, '1918,  remain 
in  force  so  far  as  they  are  not  inconsistent  with  the  above  stipulations. 


552  INTERNATIONAL  RELATIONS 

ARTICLE  213. 

So  long  as  the  present  Treaty  remains  in  force,  Germany  undertakes  to 
give  every  facility  for  any  investigation  which  the  Council  of  the  League 
of  Nations,  acting  if  need  be  by  a  majority  vote,  may  consider  necessary. 


PART  VI. 
PRISONERS  OF  WAR  AND  GRAVES. 


SECTION  I. 

PRISONERS  OF  WAR. 
ARTICLE  214. 

The  repatriation  of  prisoners  of  war  and  interned  civilians  shall  take 
place  as  sooti  as  possible  after  the  coming  into  force  of  the  present  Treaty 
and  shall  be  carried  out  with  the  greatest  rapidity. 

ARTICLE  215. 

The  repatriation  of  German  prisoners  of  war  and  interned  civilians  shall, 
in  accordance  with  Article  214,  be  carried  out  by  a  Commission  composed  of 
representatives  of  the  Allied  and  Associated  Powers  on  the  one  part  and  of 
the  German  Government  on  the  other  part. 

For  each  of  the  Allied  and  Associated  Powers  a  Sub-Commission,  composed 
exclusively  of  Representatives  of  the  interested  Power  and  of  Delegates  of 
the  German  Government,  shall  regulate  the  details  of  carrying  into  effect  the 
repatriation  of  the  prisoners  of  war. 

ARTICLE  216. 

From  the  time  of  their  delivery  into  the  hands  of  the  German  authorities 
the  prisoners  of  war  and  interned  civilians  are  to  be  returned  without  delay 
to  their  homes  by  the  said  authorities. 

Those  amongst  them  who  before  the  war  were  habitually  resident  in  ter- 
ritory occupied  by  the  troops  of  the  Allied  and  Associated  Powers  are  like- 
wise to  be  sent  to  their  homes,  subject  to  the  consent  and  control  of  the 
military  authorities  of  the  Allied  and  Associated  armies  of  occupation. 

ARTICLE  217. 

The  whole  cost  of  repatriation  from  the  moment  of  starting  shall  be  borne 
by  the  German  Government,  who  shall  also  provide  the  land  and  sea  transport 
and  staff  considered  necessary  by  the  Commission  referred  to  in  Article  215. 


TREATY   OF   PEACE  553 

ARTICLE  218. 

Prisoners  of  war  and  interned  civilians  awaiting  disposal  or  undergoing 
sentence  for  offences  against  discipline  shall  be  repatriated  irrespective  of  the 
completion  of  their  sentence  or  of  the  proceedings  pending  against  them. 

This  stipulation  shall  not  apply  to  prisoners  of  war  and  interned  civilians 
punished  for  offences  committed  subsequent  to  May  I,  1919. 

During  the  period  pending  their  repatriation  all  prisoners  of  war  and 
interned  civilians  shall  remain  subject  to  the  existing  regulations,  more 
especially  as  regards  work  and  discipline. 

ARTICLE  219. 

Prisoners  of  war  and  interned  civilians  who  are  awaiting  disposal  or 
undergoing  sentence  for  offences  other  than  those  against  discipline  may  be 
detained. 

ARTICLE  220. 

The  German  Government  undertakes  to  admit  to  its  territory  without 
distinction  all  persons  liable  to  repatriation. 

Prisoners  of  war  or  other  German  nationals  who  do  not  desire  to  be  re- 
patriated may  be  excluded  from  repatriation;  but  the  Allied  and  Associated 
Governments  reserve  to  themselves  the  right  either  to  repatriate  them  or  to 
take  them  to  a  neutral  country  or  to  allow  them  to  reside  in  their  own 
territories. 

The  German  Government  undertakes  not  to  institute  any  exceptional  pro- 
ceedings against  these  persons  or  their  families  nor  to  take  any  repressive  or 
vexatious  measures  of  any  kind  whatsoever  against  them  on  this  account. 

ARTICLE  221. 

The  Allied  and  Associated  Governments  reserve  the  right  to  make  the 
repatriation  of  German  prisoners  of  war  or  German  nationals  in  their  hands 
conditional  upon  the  immediate  notification  and  release  by  the  German  Gov- 
ernment of  any  prisoners  of  war  who  are  nationals  of  the  Allied  and  Asso- 
ciated Powers  and  may  still  be  in  Germany. 

ARTICLE  222. 
Germany  undertakes : 

(1)  To  give  every  facility  to  Corrrmissions  to  enquire  into  the  cases  of  those 
who  cannot  be  traced ;   to  furnish  such  Commissions  with  all  necessary  means 
of  transport;  to  allow  them  access  to  camps,  prisons,  hospitals  and  all  other 
places ;   and  to  place  at  their  disposal  all  documents,  whether  public  or  private 
which  would  facilitate  their  enquiries  ; 

(2)  To  impose  penalties  upon  any  German  officials  or  private  persons  who 
have  concealed  the  presence  of  any  nationals  of  any  of  the  Allied  and  Asso- 
ciated Powers  or  have  neglected  to  reveal  the  presence  of  any  such  after  it 
had  come  to  their  knowledge. 


554  INTERNATIONAL  RELATIONS 

ARTICLE  223. 

Germany  undertakes  to  restore  without  delay  from  the  date  of  the  coming 
into  force  of  the  present  Treaty  all  articles,  money,  securities  and  documents 
which  have  belonged  to  nationals  of  the  Allied  and  Associated  Powers  and 
which  have  been  retained  by  the  German  authorities. 

ARTICLE  224. 

The  High  Contracting  Parties  waive  reciprocally  all  repayment  of  sums 
due  for  the  maintenance  of  prisoners  of  war  in  their  respective  territories. 

SECTION  II. 

GRAVES. 

ARTICLE  225. 

The  Allied  and  Associated  Governments  and  the  German  Government  will 
cause  to  be  respected  and  maintained  the  graves  of  the  soldiers  and  sailors 
buried  in  their  respective  territories. 

They  agree  to  recognise  any  Commission  appointed  by  an  Allied  or  Asso- 
ciated Government  for  the  purpose  of  identifying,  registering,  caring  for  or 
erecting  suitable  memorials  over  the  said  graves  and  to  facilitate  the  discharge 
of  its  duties. 

Furthermore  they  agree  to  afford,  so  far  as  the  provisions  of  their  laws 
and  the  requirements  of  public  health  allow,  every  facility  for  giving  effect  to 
requests  that  the  bodies  of  their  soldiers  and  sailors  may  be  transferred  to 
their  own  country. 

ARTICLE  226. 

The  graves  of  prisoners  of  war  and  interned  civilians  who  are  nationals 
of  the  different  belligerent  States  and  have  died  in  captivity  shall  be  properly 
maintained  in  accordance  with  Article  225  of  the  present  Treaty. 

The  Allied  and  Associated  Governments  on  the  one  part  and  the  German 
Government  on  the  other  part  reciprocally  undertake  also  to  furnish  to  each 
other : 

(1)  A  complete  list  of  those  who  have  died,  together  with  all  information 
useful  for  identification; 

(2)  All  information  as  to  the  number  and  position  of  the  graves  of  all  those 
who  have  been  buried  without  identification. 


PART  VII. 
PENALTIES. 
ARTICLE  227. 

The  Allied  and  Associated  Powers  publicly  arraign  William  II  of  Hohen- 
zollern,  formerly  German  Emperor,  for  a  supreme  offence  against  interna- 
tional morality  and  the  sanctity  of  treaties. 


TREATY   OF   PEACE  555 

A  special  tribunal  will  be  constituted  to  try  the  accused,  thereby  assuring 
him  the  guarantees  essential  to  the  right  of  defence.  It  will  be  composed  of 
five  judges,  one  appointed  by  each  of  the  following  Powers:  namely,  the 
United  States  of  America,  Great  Britain,  France,  Italy  and  Japan. 

In  its  decision  the  tribunal  will  be  guided  by  the  highest  motives  of  interna- 
tional policy,  with  a  view  to  vindicating  the  solemn  obligations  of  interna- 
tional undertakings  and  the  validity  of  international  morality.  It  will  be  its 
duty  to  fix  the  punishment  which  it  considers  should  be  imposed. 

The  Allied  and  Associated  Powers  will  address  a  request  to  the  Government 
of  the  Netherlands  for  the  surrender  to  them  of  the  ex-Emperor  in  order 
that  he  may  be  put  on  trial. 

« 
ARTICLE  228. 

The  German  Government  recognizes  the  right  of  the  Allied  and  Associated 
Powers  to  bring  before  military  tribunals  persons  accused  of  having  com- 
mitted acts  in  violation  of  the  laws  and  customs  of  war.  Such  persons  shall,  if 
found  guilty,  be  sentenced  to  punishments  laid  down  by  law.  This  provision 
will  apply  notwithstanding  any  proceedings  or  prosecution  before  a  tribunal 
in  Germany  or  in  the  territory  of  her  allies. 

The  German  Government  shall  hand  over  to  the  Allied  and  Associated 
Powers,  or  to  such  one  of  them  as  shall  so  request,  all  persons  accused  of 
having  committed  an  act  in  violation  of  the  laws  and  customs  of  war,  who 
are  specified  either  by  name  or  by  the  rank,  office  or  employment  which  they 
held  under  the  German  authorities. 

ARTICLE  229. 

Persons  guilty  of  criminal  acts  against  the  nationals  of  one  of  the  Allied  and 
Associated  Powers  will  be  brought  before  the  military  tribunals  of  that  Power- 
Persons  guilty  of  criminal  acts  against  the  nationals  of  more  than  one  of 
the  Allied  and  Associated  Powers  will  be  brought  before  military  tribunals 
composed  of  members  of  the  military  tribunals  of  the  Powers  concerned. 
In  every  case  the  accused  will  be  entitled  to  name  his  own  counsel. 

ARTICLE;  230. 

The  German  Government  undertakes  to  furnish  all  documents  and  informa- 
tion of  every  kind,  the  production  of  which  may  be  considered  necessary  to  en- 
sure the  full  knowledge  of  the  incriminating  acts,  the  discovery  of  offenders 
and  the  just  appreciation  of  responsibility. 


556  INTERNATIONAL  RELATIONS 

PART  VIII. 
REPARATION. 


SECTION  I. 
GENERAL  PROVISIONS. 

ARTICLE  231. 

The  allied  and  Associated  Governments  affirm  and  Germany  accepts  the 
responsibility  of  Germany  and  her  allies  for  causing  all  the  loss  and  damage 
to  which  the  Allied  and  Associated  Governments  and  their  nationals  have  been 
subjected  as  a  consequence  of  the  war  imposed  upon  them  by  the  aggression 
of  Germany  and  her  allies. 

ARTICLE  232. 

The  Allied  and  Associated  Governments  recognize  that  the  resources  of 
Germany  are  not  adequate,  after  taking  into  account  permanent  diminutions 
of  such  resources  which  will  result  from  other  provisions  of  the  present 
Treaty,  to  make  complete  reparation  for  all  such  loss  and  damage. 

The  Allied  and  Associated  Governments,  however,  require,  and  Germany 
undertakes,  that  she  will  make  compensation  for  all  damage  done  to  the 
civilian  population  of  the  Allied  and  Associated  Powers  and  to  their  property 
during  the  period  of  the  belligerency  of  each  as  an  Allied  or  Associated  Power 
against  Germany  by  such  aggression  by  land,  by  sea  and  from  the  air,  and  in 
general  all  damage  as  defined  in  Annex  I  hereto. 

In  accordance  with  Germany's  pledges,  already  given,  as  to  complete  restora- 
tion for  Belgium,  Germany  undertakes,  in  addition  to  the  compensation  for 
damage  elsewhere  in  this  Part  provided  for,  as  a  consequence  of  the  violation 
of  the  Treaty  of  1839,  to  make  reimbursement  of  all  sums  which  Belgium 
has  borrowed  front  the  Allied  and  Associated  Governments  up  to  November 
II,  1918,  together  with  interest  at  the  rate  of  five  per  cent.  (5%)  per  annum 
on  such  sums.  This  amount  shall  be  determined  by  the  Reparation  Commis- 
sion, and  the  German  Government  undertakes  thereupon  forthwith  to  make 
a  special  issue  of  bearer  bonds  to  an  equivalent  amount  payable  in  marks 
gold,  on  May  i,  1926,  or,  at  the  option  of  the  German  Government,  on  the  1st 
of  May  in  any  year  up  to  1926.  Subject  to  the  foregoing,  the  form  of  such 
bonds  shall  be  determined  by  the  Reparation  Commission.  Such  bonds  shall 
be  handed  over  to  the  Reparation  Commission,  which  has  authority  to  take  and 
acknowledge  receipt  thereof  on  behalf  of  Belgium. 

ARTICLE  233. 

The  amount  of  the  above  damage  for  which  compensation  is  to  be  made  by 
Germany  shall  be  determined  by  an  Inter-Allied  Commission,  to  be  called  the 


TREATY   OF   PEACE  557 

Reparation  Commission  and  constituted  in  the  form  and  with  the  powers  set 
forth  hereunder  and  in  Annexes  II  to  VII  inclusive  hereto. 

This  Commission  shall  consider  the  claims  and  give  to  the  German  Govern- 
ment a  just  opportunity  to  be  heard. 

The  findings  of  the  Commission  as  to  the  amount  of  damage  defined  as 
above  shall  be  concluded  and  notified  to  the  German  Government  on  or  before 
May  I,  1921,  as  representing  the  extent  of  that  Government's  obligations. 

The  Commission  shall  concurrently  draw  up  a  schedule  of  payments  pre- 
scribing the  time  and  manner  for  securing  and  discharging  the  entire  obliga- 
tion within  a  period  of  thirty  years  from  May  i,  1921.  If,  however,  within 
the  period  mentioned,  Germany  fails  to'  discharge  her  obligations,  any  balance 
remaining  unpaid  may,  within  the  discretion  of  the  Commission,  be  postponed 
for  settlement  in  subsequent  years,  or  may  be  handled  otherwise  in  such  man- 
ner as  the  Allied  and  Associated  Governments,  acting  in  accordance  with 
the  procedure  laid  down  in  this  Part  of  the  present  Treaty,  shall  determine. 

ARTICLE  234. 

The  Reparation  Commission  shall  after  May  I,  1921,  from  time  to  time, 
consider  the  resources  and  capacity  of  Germany,  and,  after  giving  her  repre- 
sentatives a  just  opportunity  to  be  heard,  shall  have  discretion  to  extend  the 
date,  and  to  modify  the  form  of  payments,  such  as  are  to  be  provided  for  in 
accordance  with  Article  233 ;  but  not  to  cancel  any  part  except  with  the  specific 
authority  of  the  several  Governments  represented  upon  the  Commission. 

ARTICLE  235. 

In  order  to  enable  the  Allied  and  Associated  Powers  to  proceed  at  once 
to  the  restoration  of  their  industrial  and  economic  life,  pending  the  full 
determination  of  their  claims,  Germany  shall  pay  in  such  instalments  and  in 
such  manner  (whether  in  gold,  commodities,  ships,  securities  or  otherwise) 
as  the  Reparation  Commission  may  fix,  during  1919,  1920  and  the  first  four 
months  of  1921,  the  equivalent  of  20,000,000,000  gold  marks.  Out  of  this 
sum  the  expenses  of  the  armies  of  occupation  subsequent  to  the  Armistice 
of  November  n,  1918,  shall  first  be  met,  and  such  supplies  of  food  and  raw 
materials  as  may  be  judged  by  the  Governments  of  the  Principal  Allied  and 
Associated  Powers  to  be  essential  to  enable  Germany  to  meet  her  obligations 
for  reparation  may  also,  with  the  approval  of  the  said  Governments,  be  paid 
for  out  of  the  above  sum.  The  balance  shall  be  reckoned  towards  liquida- 
tion of  the  amounts  due  for  reparation.  Germany  shall  further  deposit  bonds 
as  prescribed  in  paragraph  12  (r)  of  Annex  II  hereto. 

ARTICLE  236. 

Germany  further  agrees  to  the  direct  application  of  her  economic  resources 
to  reparation  as  specified  in  Annexes  III,  IV,  V,  and  VI,  relating  respec- 
tively to  merchant  shipping,  to  physical  restoration,  to  coal  and  derivatives  of 


558  INTERNATIONAL  RELATIONS 

coal,  and  to  d^estuffs  and  other  chemical  products ;  provided  always  that  the 
value  of  the  property  transferred  and  any  services  rendered  by  her  under 
these  Annexes,  assessed  in  the  manner  therein  prescribed,  shall  be  credited  to 
her  towards  liquidation  of  her  obligations  under  the  above  Articles. 

ARTICLE  237. 

The  successive  instalments,  including  the  above  sum,  paid  over  by  Germany 
in  satisfaction  of  the  above  claims  will  be  divided  by  the  Allied  and  As- 
sociated Governments  in  proportions  which  have  been  determined  upon  by 
them  in  advance  on  a  basis  of  general,  equity  and  of  the  rights  of  each. 

For  the  purposes  of  this  division  the  value  of  property  transferred  and 
services  rendered  under  Article  243,  and  under  Annexes  III,  IV,  V,  VI,  and 
VII,  shall  be  reckoned  in  the  same  manner  as  cash  payments  effected  in  that 
year. 

ARTICLE  238. 

In  addition  to  the  payments  mentioned  above  Germany  shall  effect,  in 
accordance  with  the  procedure  laid  down  by  the  Reparation  Commission, 
restitution  in  cash  of  cash  taken  away,  seized  or  sequestrated,  and  also  resti- 
tution of  animals,  objects  of  every  nature  and  securities  taken  away,  seized  or 
sequestrated,  in  the  cases  in  which  it  proves  possible  to  identify  them  in 
territory  belonging  to  Germany  or  her  allies. 

Until  this  procedure  is  laid  down,  restitution  will  continue  in  accordance 
with  the  provisions  of  the  Armistice  of  November  n,  1918,  and  its  renewals 
and  the  Protocols  thereto. 

ARTICLE  239. 

The  German  Government  undertakes  to  make  forthwith  the  restitution 
contemplated  by  Article  238  and  to  make  the  payments  and  deliveries  con- 
templated by  Articles  233,  234,  235  and  236. 

ARTICLE  240. 

The  German  Government  recognizes  the  Commission  provided  for  by 
Article  233  as  the  same  may  be  constituted  by  the  Allied  and  Associated 
Governments  in  accordance  with  Annex  II,  and  agrees  irrevocably  to  the 
possession  and  exercise  by  such  Commission  of  the  power  and  authority 
given  to  it  under  the  present  Treaty. 

The  German  Government  will  supply  to  the  Commission  all  the  inform- 
ation which  the  Commission  may  require  relative  to  the  financial  situation 
and  operations  and  to  the  property,  productive  capacity,  and  stocks  and 
current  production  of  raw  materials  and  manufactured  articles  of  Germany 
and  her  nationals,  and  further  any  information  relative  to  military  operations 
which  in  the  judgment  of  the  Commission  may  be  necessary  for  the  assess- 
ment of  Germany's  liability  for  reparation  as  defined  in  Annex  I. 


TREATY   OF   PEACE  559 

The  German  Government  will  accord  to  the  members  of  the  Commission 
and  its  authorised  agents  the  same  rights  and  immunities  as  are  enjoyed  in 
Germany  by  duly  accredited  diplomatic  agents  of  friendly  Powers. 

Germany  further  agrees  to  provide  for  the  salaries  and  expenses  of  the 
Commission  and  of  such  staff  as  it  may  employ. 

ARTICLE  241. 

Germany  undertakes  to  pass,  issue  and  maintain  in  force  any  legislation, 
orders  and  decrees  that  may  be  necessary  to  give  complete  effect  to  these 
provisions. 

ARTICLE  242. 

The  provisions  of  this  Part  of  the  present  Treaty  do  not  apply  to  the 
property,  rights  and  interests  referred  to  in  Sections  III  and  IV  of  Part  X 
(Economic  Clauses)  of  the  present  Treaty,  nor  to  the  product  of  their 
liquidation,  except  so  far  as  concerns  any  final  balance  in  favour  of  Germany 
under  Article  243  (a). 

ARTICLE  243. 

The  following  shall  be  reckoned  as  credits  to  Germany  in  respect  of  her 
reparation  obligations : 

(a)  Any  final  balance  in  favour  of  Germany  under  Section  V  (Alsace- 
Lorraine)  of  Part  III  (Political  Clauses  for  Europe)  and  Sections  III  and  IV 
of  Part  X  (Economic  Clauses)  of  the  present  Treaty; 

(&)  Amounts  due  to  Germany  in  respect  of  transfers  under  Section  IV 
(Saar  Basin)  of  Part  III  (Political  Clauses  for  Europe),  Part  IX  (Finan- 
cial Clauses),  and  Part  XII  (Ports,  Waterways  and  Railways); 

(c)  Amounts  which  in  the  judgment  of  the  Reparation  Commission  should 
be  credited  to  Germany  on  account  of  any  other  transfers  under  the  present 
Treaty  of  property,  rights,  concessions  or  other  interests. 

In  no  case  however  shall  credit  be  given  for  property  restored  in  accordance 
with  Article  238  of  the  present  Part. 

ARTICLE  244. 

The  transfer  of  the  German  submarine  cables  which  do  not  form  the  sub- 
ject of  particular  provisions  of  the  present  Treaty  is  regulated  by  Annex  VII 
hereto. 

ANNEX  I. 

Compensation  may  be  claimed  from  Germany  under  Article  232  above  in  re- 
spect of  the  total  damage  under  the  following  categories : 

(i)  Damage  to  injured  persons  and  to  surviving  dependents  by  personal  in- 
jury to  or  death  of  civilians  caused  by  acts  of  war,  including  bombardments 
or  other  attacks  on  land,  on  sea,  or  from  the  air,  and  all  the  direct  conse- 


5<5o  INTERNATIONAL   RELATIONS 

quences  thereof,  and  of  all  operations  of  war  by  the  two  groups  of  belligerents 
wherever  arising. 

(2)  Damage  caused  by  Germany  or  her  allies  to  civilian  victims  of  acts  of 
cruelty,  violence  or  maltreatment   (including  injuries  to  life  or  health  as  a 
consequence  of  imprisonment,  deportation,  internment  or  evacuation,  of  ex- 
posure at  sea  or  of  being  forced  to  labour),  wherever  arising,  and  to  the 
surviving  dependents  of  such  victims. 

(3)  Damage  caused  by  Germany  or  her  allies  in  their  own  territory  or  in 
occupied  or  invaded  territory  to  civilian  victims  of  all  acts  injurious  to  health 
or  capacity  to  work,  or  to  honour,  as  well  as  to  the  surviving  dependents  of 
such  victims. 

(4)  Damage  caused  by  any  kind  of  maltreatment  of  prisoners  of  war. 

(5)  As  damage  caused  to  the  peoples  of  the  Allied  and  Associated  Powers, 
all  pensions  and  compensation  in  the  nature  of  pensions  to  naval  and  mili- 
tary victims  of  war  (including  members  of  the  air  force,  whether  mutilated, 
wounded,  sick  or  invalided,  and  to  the  dependents  of  such  victims,  the  amount 
due  to  the  Allied  and  Associated  Governments  being  calculated  for  each  of 
them  as  being  the  capitalised  cost  of  such  pensions  and  compensations  at  the 
date  of  the  coming  into  force  of  the  present  Treaty  on  the  basis  of  the  scales 
in  force  in  France  at  such  date. 

(6)  The  cost  of  assistance  by  the  Government  of  the  Allied  and  Associated 
Powers  to  prisoners  of  war  and  to  their  families  and  dependents. 

(7)  Allowances  by  the  Governments  of  the  Allied  and  Associated  Powers 
to  the  families  and  dependents  of  mobilised  persons  or  persons  serving  with 
the  forces,  the  amount  due  to  them  for  each  calendar  year  in  which  hostilities 
occurred  being  calculated  for  each  Government  on  the  basis  of  the  average 
scale  for  such  payments  in  force  in  France  during  that  year. 

(8)  Damage  caused  to  civilians  by  being  forced  by  Germany  or  her  allies 
to  labour  without  just  remuneration. 

(9)  Damage  in  respect  of  all  property  wherever  situated  belonging  to  any  of 
the  Allied  or  Associated  States  or  their  nationals,  with  the  exception  of  naval 
and  military  works  or  materials,  which  has  been  carried  off,  seized,  injured 
or  destroyed  by  the  acts  of  Germany  or  her  allies  on  land,  on  sea  or  from  the 
air,  or  damage  directly  in  consequence  of  hostilities  or  of  any  operations  of 
war. 

(10)  Damage  in  the  form  of  levies,  fines  and  other  similar  exactions  im- 
posed by  Germany  or  her  allies  upon  the  civilian  population. 

ANNEX  II. 

1.  The  Commission  referred  to  in  Article  233  shall  be  called  "The  Repara- 
tion Commission"  and  is  hereinafter  referred  to  as  "the  Commission." 

2.  Delegates  to  this  Commission  shall  be  nominated  by  the  United  States  of 
America,  Great  Britain,  France,  Italy,  Japan,  Belgium  and  the  Serb-Croat- 
Slovene  State.    Each  of  these  Powers  will  appoint  one  Delegate  and  also  one 
Assistant  Delegate,  who  will  take  his  place  in  case  of  illness  or  necessary  ab- 


TREATY   OF   PEACE  561 

sence,  but  at  other  times  will  only  have  the  right  to  be  present  at  proceedings 
without  taking  any  part  therein. 

On  no  occasion  shall  the  Delegates  of  more  than  five  of  the  above  Powers 
have  the  right  to  take  part  in  the  proceedings  of  the  Commission  and  to  record 
their  votes.  The  Delegates  of  the  United  States,  Great  Britain,  France  and 
Italy  shall  have  this  right  on  all  occasions.  The  Delegate  of  Belgium  shall 
have  this  right  on  all  occasions  other  than  those  referred  to  below.  The  Dele- 
gate of  Japan  shall  have  this  right  on  occasions  when  questions  relating  to 
damage  at  sea,  and  questions  arising  under  Article  260  of  Part  IX  (Financial 
Clauses)  in  which  Japanese  interests  are  concerned,  are  under  consideration. 
The  Delegate  of  the  Serb-Croat-Slovene  State  shall  have  this  right  when 
questions  relating  to  Austria,  Hungary  or  Bulgaria  are  under  consideration. 

Each  Government  represented  on  the  Commission  shall  have  the  right  to 
withdraw  therefrom  upon  twelve  months'  notice  filed  with  the  Commission 
and  confirmed  in  the  course  of  the  sixth  month  after  the  date  of  the  original 
notice. 

3.  Such  of  the  other  Allied  and  Associated  Powers  as  may  be  interested  shall 
have  the  right  to  appoint  a  Delegate  to  be  present  and  act  as  Assessor  only 
while  their  respective  claims  and  interests  are  under  examination  or  discus- 
sion, but  without  the  right  to  vote. 

4.  In  case  of  the  death,  resignation  or  recall  of  any  Delegate,  Assistant 
Delegate  or  Assessor,  a  successor  to  him  shall  be  nominated  as  soon  as  pos- 
sible. 

5.  The  Commission  will  have  its  principal  permanent  Bureau  in  Paris  and 
will  hold  its  first  meeting  in  Paris  as  soon  as  practicable  after  the  coming  into 
force  of  the  present  treaty,  and  thereafter  will  meet  in  such  place  or  places 
and  at  such  time  as  it  may  deem  convenient  and  as  may  be  necessary  for 
the  most  expeditious  discharge  of  its  duties. 

6.  At  its  first  meeting  the  Commission  shall  elect,  front  among  the  Dele- 
gates referred  to  above,  a  Chairman  and  a  Vice-Chairman,  who  shall  hold 
office  for  one  year  and  shall  be  eligible  for  re-election.    If  a  vacancy  in  the 
Chairmanship  or  Vice-Chairmanship  should  occur  during  the  annual  period, 
the  Commission  shall  proceed  to  a  new  election  for  the  remainder  of  the  said 
period. 

7.  The  Commission  is  authorised  to  appoint  all  necessary  officers,  agents 
and  employees  who  may  be  required  for  the  execution  of  its  functions,  and 
to  fix  their  remuneration ;   to  constitute  committees,  whose  members  need  not 
necessarily  be  members  of  the  Commission,  and  to  take  all  executive  steps 
necessary  for  the  purpose  of  discharging  its  duties ;  and  to  delegate  authority 
and  discretion  to  officers,  agents  and  committees. 

8.  All  proceedings  of  the  Commission  shall  be  private,  unless,  on  particular 
occasions,  the  Commission  shall  otherwise  determine  for  special  reasons. 

9.  The  Commission  shall  be  required,  if  the  German  Government  so  desire, 
to  hear,  within  a  period  which  it  will  fix  from  time  to  time,  evidence  and 
arguments   on  the  part   of   Germany   on   any   question   connected   with   her 
capacity  to  pav. 


562  INTERNATIONAL   RELATIONS 

10.  The  Commission  shall  consider  the  claims  and  give  to  the  German  Gov- 
ernment a  just  opportunity  to  be  heard,  but  not  to  take  any  part  whatever  in 
the  decisions  of  the   Commission.     The  Commission  shall  afford  a  similar 
opportunity   to   the   allies   of    Germany,    when    it    shall    consider   that   their 
interests  are  in  question. 

11.  The  Commission  shall  not  be  bound  by  any  particular  code  or  rules  of 
law  or  by  any  particular  rule  of  evidence  or  of  procedure,  but  shall  be  guided 
by  justice,  equity  and  good  faith.     Its  decisions  must  follow  the  same  prin- 
ciples and  rules  in  all  cases  where  they  are  applicable.    It  will  establish  rules 
relating  to  methods  of  proof  of  claims.    It  may  act  on  any  trustworthy  modes 
of  computation. 

12.  The  Commission  shall  have  all  the  powers  conferred  upon  it,  and  shall 
exercise  all  the  functions  assigned  to  it,  by  the  present  Treaty. 

The  Commission  shall  in  general  have  wide  latitude  as  to  its  control  and 
handling  of  the  whole  reparation  problem  as  dealt  with  in  this  Part  of  the 
present  Treaty  and  shall  have  authority  to  interpret  its  provisions.  Subject  to 
the  provisions  of  the  present  Treaty,  the  Commission  is  constituted  by  the 
several  Allied  and  Associated  Governments  referred  to  in  paragraphs  2  and 
3  above  as  the  exclusive  agency  of  the  said  Governments  respectively  for 
receiving,  selling,  holding,  and  distributing  the  reparation  payments  to  be 
made  by  Germany  under  this  Part  of  the  present  Treaty.  The  Commission 
must  comply  with  the  following  conditions  and  provisions : 

(a)  Whatever  part  of  the  full  amount  of  the  proved  claims  is  not  paid  in 
gold,  or  in  ships,  securities  and  commodities  or  otherwise,  Germany  shall  be 
required,  under  such  conditions  as  the  Commission  may  determine,  to  cover 
by  way  of  guarantee  by  an  equivalent  issue  of  bonds,  obligations  or  other- 
wise, in  order  to  constitute  an  acknowledgment  of  the  said  part  of  the  debt. 

(&)  In  periodically  estimating  Germany's  capacity  to  pay,  the  Commission 
shall  examine  the  German  system  of  taxation,  first,  to  the  end  that  the  sums 
for  reparation  which  Germany  is  required  to  pay  shall  become  a  charge  upon 
all  her  revenues  prior  to  that  for  the  service  or  discharge  of  any  domestic 
loan,  and  secondly,  so  as  to  satisfy  itself  that,  in  general,  the  German  scheme 
of  taxation  is  fully  as  heavy  proportionately  as  that  of  any  of  the  Powers  rep- 
resented on  the  Commission. 

(c)  In  order  to  facilitate  and  continue  the  immediate  restoration  of  the 
economic  life  of  the  Allied  and  Associated  countries,  the  Commission  will  as 
provided  in  Article  235  take  from  Germany  by  way  of  security  for  and 
acknowledgment  of  her  debt  a  first  instalment  of  gold  bearer  bonds  free  of 
all  taxes  and  charges  of  every  description  established  or  to  be  established  by 
the  Government  of  the  German  Empire  or  of  the  German  States,  or  by  any 
authority  subject  to  them;  these  bonds  will  be  delivered  on  account  and  in 
three  portions,  the  marks  gold  being  payable  in  conformity  with  Article  262 
of  Part  IX  (Financial  Clauses)  of  the  present  Treaty  as  follows: 

(i)  To  be  issued  forthwith,  20,000,000,000  Marks  gold  bearer  bonds,  payable 
not  later  than  May  i,  1921,  without  interest.  There  shall  be  specially  applied 


TREATY   OF   PEACE  563 

towards  the  amortisation  of  these  bonds  the  payments  which  Germany  is 
pledged  to  make  in  conformity  with  Article  235,  after  deduction  of  the  sums 
used  for  the  reimbursement  of  expenses  of  the  armies  of  occupation  and  for 
payment  of  foodstuffs  and  raw  materials.  Such  bonds  as  have  not  been  re- 
deemed by  May  i,  1921,  shall  then  be  exchanged  or  new  bonds  of  the  same 
type  as  those  provided  for  below  (paragraph  12,  c,  (2). 

(2)  To  be  issued  forthwith,  further  40,000,000,000  Marks  gold  bearer  bonds, 
bearing  interest  at  2^  per  cent,  per  annum  between  1921  and  1926,  and  there- 
after at  5  per  cent,  per  annum  with  an  additional  i  per  cent,  for  amortisa- 
tion beginning  in  1926  on  the  whole  amount  of  the  issue. 

(3)  To  be  delivered  forthwith  a  covering  undertaking  in  writing  to  issue 
when,  but  not  until,  the  Commission  is  satisfied  that  Germany  can  meet  such 
interest  and  sinking  fund  obligations,  a  further  instalment  of  40,000,000,000 
Marks  gold  5  per  cent,  bearer  bonds,  the  time  and  mode  of  payment  of 
principal  and  interest  to  be  determined  by  the  Commission. 

The  dates  for  payment  of  interest,  the  manner  of  applying  the  amor- 
tisation fund,  and  all  other  questions  relating  to  the  issue,  management  and 
regulation  of  the  bond  issue  shall  be  determined  by  the  Commission  from  time 
to  time. 

Further  issues  by  way  of  acknowledgment  and  security  may  be  required  as 
the  Commission  subsequently  determines  from  time  to  time. 

(d)  in  the  event  of  bonds,  obligations  or  other  evidence  of  indebtedness 
issued  by  Germany  by  way  of  security  for  or  acknowledgment  of  her  repara- 
tion   debt   being   disposed   of   outright,   not  by   way   of   pledge,   to   persons 
other   than   the   several   Governments   in   whose    favour   Germany's   original 
reparation    indebtedness    was    created,    an    amount    of    such    reparation    in- 
debtedness shall  be  deemed  to  be  extinguished  corresponding  to  the  nominal 
value   of   the   bonds,   etc.,   so   disposed   of   outright,   and   the   obligation   of 
Germany  in  respect  of  such  bonds  shall  be  confined  to  her  liabilities  to  the 
holders  of  the  bonds,  as  expressed  upon  their  face 

(e)  The  damage  for  repairing,  reconstructing  and  rebuilding  property  in 
the   invaded   and    devastated   districts,   including   reinstallation   of    furniture, 
machinery  and  other  equipment,  will  be  calculated  according  to  the  cost  at  the 
dates  when  the  work  is  done. 

(/)  Decisions  of  the  Commission  relating  to  the  total  or  partial  cancellation 
of  the  capital  or  interest  of  any  verified  debt  of  Germany  must  be  ac- 
companied by  a  statement  of  its  reasons. 

13-  As  to  voting,  the  Commission  will  observe  the  following  rules: 

When  a  decision  of  the  Commission  is  taken,  the  votes  of  all  the  Delegates 
entitled  to  vote,  or  in  the  absence  of  any  of  them,  of  their  Assistant  Delegates, 
shall  be  recorded.  Abstention  from  voting  is  to  be  treated  as  a  vote  against 
the  proposal  under  discussion.  Assessors  have  no  vote. 

On  the  following  questions  unanimity  is  necessary : 

(a)  Questions  involving  the  sovereignty  of  any  of  the  Allied  and  Associated 
Powers,  or  the  cancellation  of  the  whole  or  any  part  of  the  debt  or  obligations 
of  Germany; 


564  INTERNATIONAL  RELATIONS 

(&)  Questions  of  determining  the  amount  and  conditions  of  bonds  or 
other  obligations  to  be  issued  by  the  German  Government  and  of  fixing  the 
time  and  manner  for  selling,  negotiating  or  distributing  such  bonds ; 

(c)  Any  postponement,  total  or  partial,  beyond  the  end  of   1930,  of  the 
payment  of  instalments   falling  due  between  May   i,   1921,  and  the  end  of 
1926  inclusive; 

(d)  Any   postponement,   total    or   partial,    of    any    instalment    falling   due 
after  1926  for  a  period  exceeding  three  years ; 

(e)  Questions  of  applying  in  any  particular  case  a  method  of  measuring 
damages  different  from  that  which  has  been  previously  applied  in  a  similar 
case  ; 

(/)  Questions  of  the  interpretation  of  the  provisions  of  this  Part  of  the 
present  Treaty. 

All  other  questions  shall  be  decided  by  the  vote  of  a  majority. 

In  case  of  any  difference  of  opinion  among  the  Delegates,  which  cannot 
be  solved  by  reference  to  their  Governments,  upon  the  question  whether  a 
given  case  is  one  which  requires  a  unanimous  vote  for  its  decision  or  not, 
such  difference  shall  be  referred  to  the  immediate  arbitration  of  some 
impartial  person  to  be  agreed  upon  by  their  Governments,  whose  award  the 
Allied  and  Associated  Governments  agree  to  accept. 

14.  Decisions  of  the  Commission,  in  accordance  with  the  powers  conferred 
upon   it,   shall   forthwith   become  binding  and   may  be   put   into   immediate 
execution  without  further  proceedings. 

15.  The  Commission  will  issue  to  each  of  the  interested  Powers,  in  such 
form  as  the  Commission  shall  fix : 

(1)  A  certificate  stating  that  it  holds  for  the  account  of  the  said  Power 
bonds  of  the  issues  mentioned  above,  the  said  certificate,  on  the  demand  of 
the   Power  concerned,  being  divisible  in  a   number  of  parts  not  exceeding 
five ; 

(2)  From  time  to  time  certificates  stating  the  goods  delivered  by  Germany 
on  account  of  her  reparation  debt  which  it  holds  for  the  account  of  the  said 
Power. 

The  said  certificates  shall  be  registered,  and  upon  notice  to  the  Commission, 
may  be  transferred  by  endorsement. 

When  bonds  are  issued  for  sale  or  negotiation,  and  when  goods  are 
delivered  by  the  Commission,  certificates  to  an  equivalent  value  must  be 
withdrawn. 

1 6.  Interest  shall  be  debited  to  Germany  as  from  May  i,  1921,  in  respect 
of   her   debt   as    determined   by  the    Commission,   after    allowing    for    sums 
already  covered  by  cash  payments  or  their  equivalent,  or  by  bonds  issued  to 
the  Commission,  or  under  Article  243.    The  rate  of  interest  shall  be  5  per 
cent,  unless  the  Commission  shall  determine  at  some  future  time  that  circum- 
stances justify  a  variation  of  this  rate. 

The  Commission,  in  fixing  on  May  i,  1921,  the  total  amount  of  the  debt  of 
Germany,  may  take  account  of  interest  due  on  sums  arising  out  of  the 


TREATY   OF   PEACE  565 

reparation  of  material  damage  as  from  November  II,  1918,  up  to  May  i,  1921. 

17.  In  case  of  default  by  Germany  in  the  performance  of  any  obligation 
under  this  Part  of  the  present  Treaty,  the  Commission  will  forthwith  give 
notice  of   such   default  to   each  of   the   interested    Powers   and   may  make 
such  recommendations  as  to  the  action  to  be  taken  in  consequence  of  such 
default  as  it  may  think  necessary. 

18.  The  measures  which  the  Allied  and  Associated  Powers  shall  have  the 
right  to  take,  in  case  of  voluntary  default  by  Germany,  and  which  Germany 
agrees  not  to  regard  as  acts  of  war,  may  include  economic  and  financial 
prohibitions  and  reprisals  and  in  general  such  other  measures  as  the  respec- 
tive Governments  may  determine  to  be  necessary  in  the  circumstances. 

19.  Payments  required  to  be  made  in  gold  or  its  equivalent  on  account  of 
the  proved  claims  of  the  Allied  and  Associated  Powers  may  at  any  time  be 
accepted  by  the  Commission  in  the  form  of  chattels,  properties,  commodities, 
businesses,   rights,  concessions,   within  or   without   German  territory,   ships, 
bonds,  shares  or  securities  of  any  kind,  or  currencies  of  Germany  or  other 
States,  the  value  of  such  substitutes  for  gold  being  fixed  at  a  fair  and  just 
amount  by  the  Commission  itself. 

20.  The  Commission,  in  fixing  or  accepting  payment  in  specified  properties 
or  rights,  shall  have  due  regard  for  any  legal  or  equitable  interests  of  the 
Allied  and  Associated   Powers  or  of  neutral  Powers  or  of  their  nationals 
therein. 

21.  No  member  of   the   Commission   shall  be   responsible,   except  to  the 
Government  appointing  him,   for  any  action  or  omission  as   such  member. 
No  one  of  the  Allied  or  Associated  Governments  assumes  any  responsibility 
in  respect  of  any  other  Government. 

22.  Subject  to  the  provisions  of  the  present  Treaty  this  Annex  may  be 
amended  by  the  unanimous  decision  of  the  Governments  represented  from 
time  to  time  upon  the  Commission. 

23.  When  all  the  amounts   due   from   Germany  and  her  allies  under  the 
present  Treaty  or  the  decisions  of  the  Commission  have  been  discharged  and 
all   sums  received,   or  their  equivalents,   shall  have  been  distributed  to  the 
Powers  interested,  the  Commission  shall  be  dissolved. 

ANNEX  III. 

I.  Germany  recognises  the  right  of  the  Allied  and  Associated  Powers  to  the 
replacement,  ton  for  ton  (gross  tonnage)  and  class  for  class,  of  all  merchant 
ships  and  fishing  boats  lost  or  damaged  owing  to  the  war. 

Nevertheless,  and  in  spite  of  the  fact  that  the  tonnage  of  German  shipping 
at  present  in  existence  is  much  less  than  that  lost  by  the  Allied  and  Associated 
•Powers  in  consequence  of  the  German  aggression,  the  right  thus  recognised 
will  be  enforced  on  German  ships  and  boats  under  the  following  conditions: 

The  German  Government,  on  behalf  of  themselves  and  so  as  to  bind  all 
other  persons  interested,  cede  to  the  Allied  and  Associated  Governments  the 
property  in  all  the  German  merchant  ships  which  are  of  1,600  tons  gross 


566 

and  upwards ;  in  one-half,  reckoned  in  tonnage,  of  the  ships  which  are  be- 
tween 1,000  tons  and  1,600  tons  gross;  in  one-quarter,  reckoned  in  tonnage, 
of  the  steam  trawlers ;  and  in  one-quarter,  reckoned  in  tonnage,  of  the  other 
fishing  boats. 

2.  The  German  Government  will,  within  two  months  of  the  coming  into 
torce  of  the  present  Treaty,  deliver  to  the  Reparation  Commission  all  the 
ships  and  boats  mentioned  in  paragraph  i. 

3.  The  ships  and  boats  mentioned  in  paragraph   i   include  all   ships  and 
boats  which  (a)   fly,  or  may  be  entitled  to  fly,  the  German  merchant  flag; 
or   (ft)  are  owned  by  any  German  national,  company  or  corporation  or  by 
any  company  or  corporation  belonging  to  a  country  other  than  an  Allied  or 
Associated  country  and  under  the  control  or  direction  of  German  nationals ; 
or  (c)  are  now  under  construction  (i)  in  Germany,  (2)  in  other  than  Allied 
or  Associated  countries  for  the  account  of  any  German  national,  company 
or  corporation. 

4.  For  the  purpose  of  providing  documents  of  title  for  the  ships  and  boats 
to  be  handed  over  as  above  mentioned,  the  German  Government  will : 

(a)  Deliver  to  the  Reparation  Commission  in  respect  of  each  vessel  a  bill 
of  sale  or  other  document  of  title  evidencing  the  transfer  to  the  Commission 
of  the  entire  property  in  the  vessel,  free  from  all  encumbrances,  charges 
and  liens  of  all  kinds,  as  the  Commission  may  require ; 

(£>)  Take  all  measures  that  may  be  indicated  by  the  Reparation  Commis- 
sion for  ensuring  that  the  ships  themselves  shall  be  placed  at  its  disposal. 

5.  As  an  additional  part  of  reparation,  Germany  agrees  to  cause  merchant 
ships  to  be  built  in  German  yards  for  the  account  of  the  Allied  and  Asso- 
ciated Governments  as  follows : 

(a)  Within  three  months  of  the  coming  into  force  of  the  present  Treaty, 
the  Reparation  Commission  will  notify  to  the  German  Government  the 
amount  of  tonnage  to  be  laid  down  in  German  ship  yards  in  each  of  the  two 
years  next  succeeding  the  three  months  mentioned  above. 

(&)  Within  two  years  of  the  coming  into  force  of  the  present  Treaty,  the 
Reparation  Commission  will  notify  to  the  German  Government  the  amount 
of  tonnage  to  be  laid  down  in  each  of  the  three  years  following  the  two 
years  mentioned  above. 

(r)  The  amount  of  tonnage  to  be  laid  down  in  each  year  shall  not  exceed 
200,000  tons,  gross  tonnage. 

(d~)  The  specifications  of  the  ships  to  be  built,  the  conditions  under  which 
they  are  to  be  built  and  delivered,  the  price  per  ton  at  which  they  are  to  be 
accounted  for  by  the  Reparation  Commission,  and  all  other  questions  relating 
to  the  accounting,  ordering,  building  and  delivery  of  the  ships,  shall  be  de- 
termined by  the  Commission. 

Germany  undertakes  to  restore  in  kind  and  in  normal  condition  of  upkeep 
to  the  Allied  and  Associated  Powers,  within  two  months  of  the  coming  into 
force  of  the  present  Treaty,  in  accordance  with  procedure  to  be  laid  down 
by  the  Reparation  Commission,  any  boats  and  other  movable  appliances  be- 
longing to  inland  navigation  which  since  August  I,  1914,  have  by  any  means 


TREATY  OF  PEACE  567 

whatever  come  into  her  possession  or  into  the  possession  of  her  nationals, 
and  which  can  be  identified. 

With  a  view  to  make  good  the  loss  in  inland  navigation  tonnage,  from 
whatever  cause  arising,  which  has  been  incurred  during  the  war  by  the 
Allied  and  Associated  Powers,  and  which  cannot  be  made  good  by  means 
of  the  restitution  prescribed  above,  Germany  agrees  to  cede  to  the  Repara- 
tion Commission  a  portion  of  the  German  river  fleet  up  to  the  amount  ot 
the  loss  mentioned  above,  provided  that  such  cession  shall  not  exceed  20  per 
cent,  of  the  river  fleet  as  it  existed  on  November  n,  1918. 

The  conditions  of  this  cession  shall  be  settled  by  the  arbitrators  referred 
to  in  Article  339  of  Part  XII  (Ports,  Waterways  and  Railways)  of  the 
present  Treaty,  who  are  charged  with  the  settlement  of  difficulties  relating 
to  the  apportionment  of  river  tonnage  resulting  from  the  new  international 
regime  applicable  to  certain  river  systems  or  from  the  territorial  changes 
affecting  those  systems. 

7.  Germany  agrees  to  take  any  measures  that  may  be  indicated  to  her  by 
the  Reparation  Commission  for  obtaining  the  full  title  to  the  property  in 
all  ships  which  have  during  the  war  been  transferred,  or  are  in  process  of 
transfer,  to  neutral  flags,  without  the  consent  of  the  Allied  and  Associated 
Governments. 

8.  Germany  waives  all  claims  of  any  description  against  the  Allied  and 
Associated  Governments  and  their  nationals  in  respect  of  the  detention,  em- 
ployment, loss  or  damage  of  any  German  ships  or  boats,  exception  being 
made  of  payments  due  in  respect  of  the  employment  of  ships  in  conformity 
with  the  Armistice  Agreement  of  January  13,  1919,  and  subsequent  Agree- 
ments. 

The  handing  over  of  the  ships  of  the  German  mercantile  marine  must  be 
continued  without  interruption  in  accordance  with  the  said  Agreement. 

9.  Germany  waives  all  claims  to  vessels  or  cargoes  sunk  by  or  in  con- 
sequence of  naval  action  and  subsequently  salved,  in  which  any  of  the  Allied 
or  Associated  Governments  or  their  nationals  may  have  any  interest  either 
as  owners,  charterers,  insurers  or  otherwise,  notwithstanding  any  decree  of 
condemnation  which  may  have  been  made  by  a  Prize  Court  of  Germany  or 
of  her  allies. 

ANNEX  IV. 

1.  The  Allied  and  Associated  Powers  require,  and  Germany  undertakes, 
that  in  part  satisfaction  of  her  obligations  expressed  in  the  present  Part  she 
will,  as  hereinafter  provided,  devote  her  economic  resources  directly  to  the 
physical    restoration    of    the    invaded    areas    of    the    Allied    and    Associated 
Powers,  to  the  extent  that  these  Powers  may  determine. 

2.  The  Allied  and  Associated  Governments  may  file  with  the  Reparation 
Commission  lists  showing: 

(a)  Animals,  machinery,  equipment,  tools  and  like  articles  of  a  commercial 
character,  which  have  been  seized,  consumed  or  destroyed  by  Germany  or 


568  INTERNATIONAL   RELATIONS 

destroyed  in  direct  consequence  of  military  operations,  and  which  such  Gov- 
ernments, for  the  purpose  of  meeting  immediate  and  urgent  needs,  desire 
to  have  replaced  by  animals  and  articles  of  the  same  nature  which  are  in 
being  in  German  territory  at  the  date  of  the  coming  into  force  of  the 
present  Treaty; 

(b)  Reconstruction  materials  (stones,  bricks,  refractory  bricks,  tiles,  wood, 
window-glass,  steel,  lime,  cement,  etc.),  machinery,  heating  apparatus,  furni- 
ture and  like  articles  of  a  commercial  character  which  the  said  Governments 
desire  to  have  produced  and  manufactured  in  Germany  and  delivered  to  them 
to  permit  of  the  restoration  of  the  invaded  areas. 

3.  The  lists  relating  to  the  articles  mentioned  in  2  (a)  above  shall  be  filed 
within  sixty  days  after  the  date  of  the  coming  into   force  of  the  present 
Treaty. 

The  lists  relating  to  the  articles  in  2  (fc)  above  shall  be  filed  on  or  before 
December  31,  1919. 

The  lists  shall  contain  all  such  details  as  are  customary  in  commercial 
contracts  dealing  with  the  subject  matter,  including  specifications,  dates  of 
delivery  (but  not  extending  over  more  than  four  years),  and  places  of 
delivery,  but  not  price  or  value,  which  shall  be  fixed  as  hereinafter  provided 
by  the  Commission. 

4.  Immediately  upon  the  filing  of  such  lists  with  the  Commission,  the  Com- 
mission shall  consider  the  amount  and  number  of  the  materials  and  animals 
mentioned  in  the  lists  provided  for  above  which  are  to  be  required  of  Ger- 
many.   In  reaching  a  decision  on  this  matter  the  Commission  shall  take  into 
account  such  domestic  requirements  of  Germany  as  it  deems  essential  for  the 
maintenance  of  Germany's  social  and  economic  life,  the  prices  and  dates  at 
which  similar  articles  can  be  obtained  in  the  Allied  and  Associated  countries 
as  compared  with  those  to  be  fixed  for  German  articles,  and  the  general 
interest  of  the  Allied  and  Associated  Governments  that  the  industrial  life  of 
Germany  be  not  so  disorganised  as  to  affect  adversely  the  ability  of  Germany 
to  perform  the  other  acts  of  reparation  stipulated  for. 

Machinery,  equipment,  tools  and  like  articles  of  a  commercial  character  in 
actual  industrial  use  are  not,  however,  to  be  demanded  of  Germany  unless 
there  is  no  free  stock  of  such  articles  respectively  which  is  not  in  use  and  is 
available,  and  then  not  in  excess  of  thirty  per  cent,  of  the  quantity  of  such 
articles  in  use  in  any  one  establishment  or  undertaking. 

The  Commission  shall  give  representatives  of  the  German  Government  an 
opportunity  and  a  time  to  be  heard  as  to  their  capacity  to  furnish  the  said 
materials,  articles  and  animals. 

The  decision  of  the  Commission  shall  thereupon  and  at  the  earliest  possible 
moment  be  communicated  to  the  German  Government  and  to  the  several 
interested  Allied  and  Associated  Governments. 

The  German  Government  undertakes  to  deliver  the  materials,  articles  and 
animals  as  specified  in  the  said  communication,  and  the  interested  Allied  and 
Associated  Governments  severally  agree  to  accept  the  same,  provided  they 


TREATY   OF   PEACE  569 

conform  to  the  specification  given,  or  are  not,  in  the  judgment  of  the  Com- 
mission, unfit  to  be  utilized  in  the  work  of  reparation. 

5.  The    Commission    shall    determine    the    value    to    be    attributed   to    the 
materials,  articles  and  animals  to  be  delivered  in  accordance  with  the  fore- 
going, and  the  Allied  or  Associated  Power  receiving  the  same  agrees  to  be 
charged  with  such  value,  and  the  amount  thereof  shall  be  treated  as  a  pay- 
ment by  Germany  to  be  divided  in  accordance  with  Article  237  of  this  Part 
of  the  present  Treaty. 

In  cases  where  the  right  to  require  physical  restoration  as  above  provided 
is  exercised,  the  Commission  shall  ensure  that  the  amount  to  be  credited 
against  the  reparation  obligation  of  Germany  shall  be  the  fair  value  of  work 
done  or  materials  supplied  by  Germany,  and  that  the  claim  made  by  the 
interested  Power  in  respect  of  the  damage  so  repaired  by  physical  restoration 
shall  be  discharged  to  the  extent  of  the  proportion  which  the  damage  thus 
repaired  bears  to  the  whole  of  the  damage  thus  claimed  for. 

6.  As  an  immediate  advance  on  account  of  the  animals  referred  to  in  para- 
graph 2  (a)   above,  Germany  undertakes  to  deliver  in  equal  monthly  instal- 
ments in  the  three  months  following  the  coming  into  force  of  the  present 
Treaty  the  following  quantities  of  live  stock : 

(1)  To  the  French  Government. 

500  stallions  (3  to  7  years)  ; 
30,000  fillies  and  mares  (18  months  to  7  years),  type:    Ardennais,  Boulon- 

nais  or  Belgian; 

2,000  bulls  (18  months  to  3  years)  ; 
90,000  milch  cows  (2  to  6  years)  ; 

1,000  rams ; 

100,000  sheep; 

10,000  goats. 

(2)  To  the  Belgian  Government. 
200  stallions  (3  to  7  years),  large  Belgian  type; 

5,000  mares  (3  to  7  years),  large  Belgian  type; 

5,000  fillies  (18  months  to  3  years),  large  Belgian  type; 

2,000  bulls  (18  months  to  3  years)  ; 
50,000  milch  cows  (2  to  6  years)  ; 
40,000  heifers; 

200  rams ; 
20,000  sheep; 
15,000  sows. 

The  animals  delivered  shall  be  of  average  health  and  condition. 

To  the  extent  that  animals  so  delivered  cannot  be  identified  as  animals 
taken  away  or  seized,  the  value  of  such  animals  shall  be  credited  against  the 
reparation  obligations  of  Germany  in  accordance  with  paragraph  5  of  this 
Annex. 


570  INTERNATIONAL  RELATIONS 

7.  Without  waiting  for  the  decisions  of  the  Commission  referred  to  in 
paragraph  4  of  this  Annex  to  be  taken,  Germany  must  continue  the  delivery 
to  France  of  the  agricultural  material  referred  to  in  Article  III  of  the  renewal 
dated  January  16,  1919,  of  the  Armistice. 


ANNEX  V. 

1.  Germany  accords  the  following  options   for  the  delivery  of  coal  and 
derivatives  of  coal  to  the  undermentioned  signatories  of  the  present  Treaty. 

2.  Germany  undertakes  to  deliver  to  France  seven  million  tons  of  coal  per 
year  for  ten  years.     In  addition,  Germany  undertakes  to  deliver  to  France 
annually  for  a  period  not  exceeding  ten  years  an  amount  of  coal  equal  to 
the  difference  between  the  annual  production  before  the  war  of  the  coal  mines 
of  the  Nord  and  Pas  de  Calais,  destroyed  as  a  result  of  the  war,  and  the 
production  of  the  mines  of  the  same  area  during  the  years  in  question;    such 
delivery  not  to  exceed  twenty  million  tons  in  any  one  year  of  the  first  five 
years,  and  eight  million  tons  in  any  one  year  of  the  succeeding  five  years. 

It  is  understood  that  due  diligence  will  be  exercised  in  the  restoration  of 
the  destroyed  mines  in  the  Nord  and  the  Pas  de  Calais. 

3.  Germany  undertakes  to  deliver  to  Belgium  eight  million  tons  of  coal 
annually  for  ten  years. 

4.  Germany  undertakes  to  deliver  to  Italy  up  to  the  following  quantities  of 
coal: 

July  1919  to  June  1920 4^2  million  tons, 

—  1920        —      1921 6 

—  1921        —      1922 7^ 

—  1922        —      1923 8 

—  1923        —      1924 |gl/ 

and  each  of  the  following  five  years j     '2 

At  least  two-thirds  of  the  actual  deliveries  to  be  land-borne. 

5.  Germany    further    undertakes    to    deliver    annually    to    Luxemburg,    if 
directed  by  the  Reparation  Commission,  a  quantity  of  coal  equal  to  the  pre- 
war annual  consumption  of  German  coal  in  Luxemburg. 

6.  The  prices  to  be  paid  for  coal  delivered  under  these  options  shall  be  as 
follows : 

(a)  For  overland  delivery,  including  delivery  by  barge,  the  German  pithead 
price  to  German  nationals,  plus  the  freight  to  French,  Belgian,  Italian  or 
Luxemburg  frontiers,  provided  that  the  pithead  price  does  not  exceed  the 
pithead  price  of  British  coal  for  export.  In  the  case  of  Belgian  bunker  coal, 
the  price  shall  not  exceed  the  Dutch  bunker  price. 

Railroad  and  barge  tariffs  shall  not  be  higher  than  the  lowest  similar  rates 
paid  in  Germany. 

(fc)  For  sea  delivery,  the  German  export  price  f.  o.  b.  German  ports,  or  the 
British  export  price  f.  o.  b.  British  ports,  whichever  may  be  lower. 

7.  The   Allied   and  Associated   Governments   interested  may  demand   the 


TREATY   OF   PEACE  571 

delivery,  in  place  of  coal,  of  metallurgical  coke  in  the  proportion  of  3  tons 
of  coke  to  4  tons  of  coal. 

8.  Germany  undertakes  to  deliver  to  France,  and  to  transport  to  the  French 
frontier  by  rail  or  by  water,  the  following  products,  during  each  of  the  three 
years  following  the  coming  into  force  of  this  Treaty: 

Benzol   35,ooo  tons. 

Coal  tar 50,000  tons. 

Sulphate  of  ammonia 30,000  tons. 

All  or  part  of  the  coal  tar  may,  at  the  option  of  the  French  Government,  be 
replaced  by  corresponding  quantities  of  products  of  distillation  such  as  light 
oils,  heavy  oils,  anthracene,  napthalene  or  pitch. 

9.  The  price  paid  for  coke  and  for  the  articles  referred  to  in  the  preceding 
paragraph  shall  be  the  same  as  the  price  paid  by  German  nationals  under  the 
same  conditions  of  shipment  to  the  French  frontier  or  to  the  German  ports, 
and  shall  be  subject  to  any  advantages  which  may  be  accorded  similar  prod- 
ucts furnished  to  German  nationals. 

10.  The  foregoing  options  shall  be  exercised  through  the  intervention  of 
the  Reparation  Commission,  which,  subject  to  the  specific  provisions  hereof, 
shall  have  power  to  determine  all  questions  relative  to  procedure  and  the 
qualities  and  quantities  of  products,  the  quantity  of  coke  which  may  be  sub- 
stituted for  coal,  and  the  times  and  modes  of  delivery  and  payment.     In 
giving  notice  to  the  German  Government  of  the  foregoing  options  the  Com- 
mission shall  give  at  least  120  days'  notice  of  deliveries  to  be  made  after 
January  I,  1920,  and  at  least  30  days'  notice  of  deliveries  to  be  made  between 
the  coming  into  force  of  this  Treaty  and  January  I,  1920.    Until  Germany  has 
received  the  demands  referred  to  in  this  paragraph,  the  provisions  of  the 
Protocol  of  December  25,  1918,   (Execution  of  Article  VI  of  the  Armistice 
of  November  n,   1918)    remain  in  force.     The  notice  to  be  given  to  the 
German  Government  of  the  exercise  of  the  right  of  substitution  accorded  by 
paragraphs  7  and  8  shall  be  such  as  the  Reparation  Commission  may  consider 
sufficient.     If  the  Commission  shall  determine  that  the  full  exercise  of  the 
foregoing  options  would  interfere  unduly  with  the  industrial  requirements  of 
Germany,  the  Commission  is  authorised  to  postpone  or  to  cancel  deliveries, 
and  in  so  doing  to  settle  all  questions  of  priority ;  but  the  coal  to  replace  coal 
from  destroyed  mines  shall  receive  priority  over  other  deliveries. 

ANNEX  VI. 

I.  Germany  accords  to  the  Reparation  Commission  an  option  to  require  as 
part  of  reparation  the  delivery  by  Germany  of  such  quantities  and  kinds  of 
dyestuffs  and  chemical  drugs  as  the  Commission  may  designate,  not  exceeding 
50  per  cent,  of  the  total  stock  of  each  and  every  kind  of  dyestuff  and  chemical 
drug  in  Germany  or  under  German  control  at  the  date  of  the  coming  into 
force  of  the  present  Treaty. 

This  option  shall  be  exercised  within  sixty  days  of  the  receipt  by  the 
Commission  of  such  particulars  as  to  stocks  as  may  be  considered  necessary 
by  the  Commission. 


572  INTERNATIONAL   RELATIONS 

2.  Germany  further  accords  to  the  Reparation  Commission  an  option  to 
require  delivery  during  the  period  from  the  date  of  the  coming  into  force 
of  the  present  Treaty  until  January  I,  1920,  and  during  each  period  of  six 
months  thereafter  until  January   I,   1925,   of  any  specified  kind  of  dyestuff 
and  chemical  drug  up  to  an  amount  not  exceeding  25  per  cent,  of  the  German 
production   of   such   dyestuffs  and  chemical   drugs    during  the   previous   six 
months   period.     If    in    any   case    the   production    during   such   previous    six 
months  was,  in  the  opinion  of  the  Commission,  less  than  normal,  th'e  amount 
required  may  be  25  per  cent,  of  the  normal  production. 

Such  option  shall  be  exercised  within  four  weeks  after  the  receipt  of  such 
particulars  as  to  production  and  in  such  form  as  may  be  considered  necessary 
by  the  Commission ;  these  particulars  shall  be  furnished  by  the  German 
Government  immediately  after  the  expiration  of  each  six  months  period. 

3.  For   dyestuffs    and   chemical    drugs    delivered   under   paragraph    i,    the 
price  shall  be  fixed  by  the  Commission  having  regard  to  pre-war  net  export 
prices  and  to  subsequent  increases  of  cost. 

For  dyestuffs  and  chemical  drugs  delivered  under  paragraph  2,  the  price 
shall  be  fixed  by  the  Commission  having  regard  to  pre-war  net  export  prices 
and  subsequent  variations  of  cost,  or  the  lowest  net  selling  price  of  similar 
dyestuffs  and  chemical  drugs  to  any  other  purchaser. 

4.  All   details,   including  mode  and   times   of   exercising  the   options,   and 
making  delivery,  and  all  other  questions  arising  under  this  arrangement  shall 
be  determined  by  the  Reparation  Commission;  the  German  Government  will 
furnish   to  the   Commission   all  necessary   information   and   other   assistance 
which  it  may  require. 

5.  The    above    expression    "dyestuffs    and    chemical    drugs"    includes    all 
synthetic  dyes  and  drugs  and  intermediate   or  other  products  used   in  con- 
nection with  dyeing,  so  far  as  they  are  manufactured  for  sale.    The  present 
arrangement  shall  also  apply  to  cinchona  bark  and  salts  of  quinine. 

ANNEX  VII. 

Germany  renounces  on  her  own  behalf  and  on  behalf  of  her  nationals  in 
favour  of  the  Principal  Allied  and  Associated  Powers  all  rights,  titles  or 
privileges  of  whatever  nature  in  the  submarine  cables  set  out  below,  or  in 
any  portions  thereof : 

Emden-Vigo :  from  the  Straits  of  Dover  to  off  Vigo ; 

Emden-Brest :    from  off  Cherbourg  to  Brest ; 

Emden-Teneriffe :   from  off  Dunkirk  to  off  Teneriffc ; 

Emden-Azores  (i)  :  from  the  Straits  of  Dover  to  Fayal ; 

Emden-Azores   (2)  :  from  the  Straits  of  Dover  to  Fayal ; 

Azores-New  York  (i)  :   from  Fayal  to  New  York; 

Azores-New  York  (2)  :  from  Fayal  to  the  longitude  of  Halifax, 

Teneriffe-Monrovia :    from  off  Teneriffe  to  off  Monrovia ; 

Monrovia-Lome : 


TREATY   OF   PEACE  573 

lat.      :2°  30'  N.; 

long.   :  7°  40'  W.  of  Greenwich ; 


from    about..  1    lat      :  2°  3°'  N'; 


,    lat.      :2°  20'  N.; 
to  about 


,    ,            ,  f    lat.      =3°  48'  N. ; 

and   from  about J    .  „       . 


|    long.   :  5°  30'  W.  of  Greenwich ; 
long.   :o°  oo'. 


to  Lome ; 
Lome-Duala :   from  Lome  to  Duala ; 

Monrovia-Pernambuco  :    from  off  Monrovia  to  off  Pernambuco ; 
Constantinople-Constanza :    from    Constantinople   to    Constanza  ; 
Yap-Shanghai,    Yap-Guam,    and    Yap-Menado    (Celebes)  :    from    Yap 
Island  to  Shanghai,  from  Yap  Island  to  Guam  Island,  and  from  Yap 
Island  to  Menado. 

The  value  of  the  above  mentioned  cables  or  portions  thereof  in  so  far  as 
they  are  privately  owned,  calculated  on  the  basis  of  the  original  cost  less  a 
suitable  allowance  for  depreciation,  shall  be  credited  to  Germany  in  the 
reparation  account. 

SECTION  II. 

SPECIAL  PROVISIONS. 
ARTICLE  245. 

Within  six  months  after  the  coming  into  force  of  the  present  Treaty  the 
German  Government  must  restore  to  the  French  Government  the  trophies, 
archives,  historical  souvenirs  or  works  of  art  carried  away  from  France  by 
the  German  authorities  in  the  course  of  the  war  of  1870-1871  and  during  this 
last  war,  in  accordance  with  a  list  which  will  be  communicated  to  it  by  the 
French  Government;  particularly  the  French  flags  taken  in  the  course  of  the 
war  of  1870-1871  and  all  the  political  papers  taken  by  the  German  authorities 
on  October  10,  1870,  at  the  Chateau  of  Cerc.ay,  near  Brunoy  (Seine-et-Oise) 
belonging  at  the  time  to  Mr.  Rouher,  formerly  Minister  of  State. 

ARTICLE  246. 

Within  six  months  from  the  coming  into  force  of  the  present  Treaty, 
Germany  will  restore  to  His  Majesty  the  King  of  the  Hedjaz  the  original 
Koran  of  the  Caliph  Othman,  which  was  removed  from  Medina  by  the 
Turkish  authorities  and  is  stated  to  have  been  presented  to  the  ex-Emperor 
William  II. 

Within  the  same  period  Germany  will  hand  over  to  His  Britannic  Majesty's 
Government  the  skull  of  the  Sultan  Mkwawa  which  was  removed  from  the 
Protectorate  of  German  East  Africa  and  taken  to  Germany. 

The  delivery  of  the  articles  above  referred  to  will  be  effected  in  such  place 
and  in  such  conditions  as  may  be  laid  down  by  the  Governments  to  which 
they  are  to  be  restored. 


574  INTERNATIONAL   RELATIONS 

ARTICLE  247. 

Germany  undertakes  to  furnish  to  the  University  of  Louvain,  within  three 
months  after  a  request  made  by  it  and  transmitted  through  the  intervention 
of  the  Reparation  Commission,  manuscripts,  incunabula,  printed  books,  maps 
and  objects  of  collection  corresponding  in  number  and  value  to  those 
destroyed  in  the  burning  by  Germany  of  the  Library  of  Louvain.  All  details 
regarding  such  replacement  will  be  determined  by  the  Reparation  Commis- 
sion. 

Germany  undertakes  to  deliver  to  Belgium,  through  the  Reparation  Com- 
mission, within  six  months  of  the  coming  into  force  of  the  present  Treaty, 
in  order  to  enable  Belgium  to  reconstitute  two  great  artistic  works  : 

(1)  The  leaves  of  the  triptych  of  the  Mystic  Lamb  painted  by  the  Van 
Eyck  brothers,  formerly  in  the  Church  of  St.  Bavon  at  Ghent,  now  in  the 
Berlin  Museum  ; 

(2)  The  leaves  of  the  triptych  of  the  Last  Supper,  painted  by  Dierick 
Bouts,  formerly  in  the  Church  of  St.  Peter  at  Louvain,  two  of  which  are 
now  in  the  Berlin  Museum  and  two  in  the  Old  -Pinakothek  at  Munich.  • 

PART  IX. 

FINANCIAL  CLAUSES. 
248. 


Subject  to  such  exceptions  as  the  Reparation  Commission  may  approve, 
a  first  charge  upon  all  the  assets  and  revenues  of  the  German  Empire  and 
its  constituent  States  shall  be  the  cost  of  reparation  and  all  other  costs 
arising  under  the  present  Treaty  or  any  treaties  or  agreements  supplementary 
thereto  or  under  arrangements  concluded  between  Germany  and  the  Allied 
and  Associated  Powers  during  the  Armistice  or  its  extensions. 

Up  to  May  I,  1921,  the  German  Government  shall  not  export  or  dispose 
of,  and  shall  forbid  the  export  or  disposal  of,  gold  without  the  previous 
approval  of  the  Allied  and  Associated  Powers  acting  through  the  Reparation 
Commission. 

ARTICLE  249. 

There  shall  be  paid  by  the  German  Government  the  total  cost  of  all  armies 
of  the  Allied  and  Associated  Governments  in  occupied  German  territory  from 
the  date  of  the  signature  of  the  Armistice  of  November  n,  1918,  including 
the  keep  of  men  and  beasts,  lodging  and  billeting,  pay  and  allowances,  sal- 
aries and  wages,  bedding,  heating,  lighting,  clothing,  equipment,  harness  and 
saddlery,  armament  and  rolling-stock,  air  services,  treatment  of  sick  and 
wounded,  veterinary  and  remount  services,  transport  service  of  all  sorts 
(such  as  by  rail,  sea  or  river,  motor  lorries),  communications  and  corre- 
spondence, and  in  general  the  cost  of  all  administrative  or  technical  services 


TREATY   OF   PEACE  575 

the  working  of  which  is  necessary  for  the  training  of  troops  and  for  keeping 
their  numbers  up  to  strength  and  preserving  their  military  efficiency. 

The  cost  of  such  liabilities  under  the  above  heads  so  far  as  they  relate  to 
purchases  or  requisitions  by  the  Allied  and  Associated  Governments  in  the 
occupied  territories  shall  be  paid  by  the  German  Government  to  the  Allied 
and  Associated  Governments  in  marks  at  the  current  or  agreed  rate  of 
exchange.  All  other  of  the  above  costs  shall  be  paid  in  gold  marks. 

ARTICLE  250. 

Germany  confirms  the  surrender  of  all  material  handed  over  to  the  Allied 
and  Associated  Powers  in  accordance  with  the  Armistice  of  November  n, 
1918,  and  subsequent  Armistice  Agreements,  and  recognises  the  title  of  the 
Allied  and  Associated  Powers  to  such  material. 

There  shall  be  credited  to  the  German  Government,  against  the  sums  due 
from  it  to  the  Allied  and  Associated  Powers  for  reparation,  the  value,  as 
assessed  by  the  Reparation  Commission,  referred  to  in  Article  233,  of  Part 
VIII  (Reparation),  of  the  present  Treaty,  of  the  material  handed  over  in 
accordance  with  Article  VII  of  the  Armistice  of  November  n,  1918,  or 
Article  III  of  the  Armistice  Agreement  of  January  16,  1919,  as  well  as  of 
any  other  material  handed  over  in  accordance  with  the  Armistice  of  Novem- 
ber ii.  1918,  and  of  subsequent  Armistice  Agreements,  for  which,  as  having 
non-military  value,  credit  should,  in  the  judgment  of  the  Reparation  Corn- 
shall  not  be  credited  to  the  German  Government. 

Property  belonging  to  the  Allied  and  Associated  Governments  or  their 
nationals  restored  or  surrendered  under  the  Armistice  Agreements  in  specie 
shall  not  be  credited  to  the  German  Governmnt. 

ARTICLE  251. 

Th  priority  of  the  charges  established  by  Article  248  shall,  subject  to  the 
qualifications  made  below,  be  as  follows : 

(a)  The  cost  of  the  armies  of  occupation  as  defined  under  Article  249 

during  the  Armistice  and  its  extensions; 

(b)  The  cost  of  any  armies  of  occupation  as  defined  under  Article  249 

after  the  coming  into  force  of  the  present  Treaty; 

(c)  The   cost   of    reparation   arising   out   of   the   present  Treaty   or   any 

treaties  or  conventions  supplementary  thereto ; 

(rf)  The  cost  of  all  other  obligations  incumbent  on  Germany  under  the 
Armistice  Conventions  or  under  this  Treaty  or  any  treaties  or  con- 
ventions supplementary  thereto. 

The  payment  for  such  supplies  of  food  and  raw  material  for  Germany 
and  such  other  payments  as  may  be  judged  by  the  Allied  and  Associated 
Powers  to  be  essential  to  enable  Germany  to  meet  her  obligations  in  respect 
of  reparation  will  have  priority  to  the  extent  and  upon  the  conditions  which 
have  been  or  may  be  determined  by  the  Governments  of  the  said  Powers. 


576  INTERNATIONAL   RELATIONS 

ARTICLE  252. 

The  right  of  each  of  the  Allied  and  Associated  Powers  to  dispose  of  enemy 
assets  and  property  within  its  jurisdiction  at  the  date  of  the  coming  into 
force  of  the  present  Treaty  is  not  affected  by  the  foregoing  provisions. 

ARTICLE  253. 

Nothing  in  the  foregoing  provisions  shall  prejudice  in  any  manner  charges 
or  mortgages  lawfully  effected  in  favour  of  the  Allied  or  Associated  •Powers 
or  their  nationals  respectively,  before  the  date  at  which  a  state  of  war  existed 
between  Germany  and  the  Allied  or  Associated  Power  concerned,  by  the 
German  Empire  or  its  constituent  States,  or  by  German  nationals,  on  assets 
in  their  ownership  at  that  date. 

ARTICLE  254. 

The  Powers  to  which  German  territory  is  ceded  shall,  subject  to  the  quali- 
fications made  in  Article  255,  undertake  to  pay: 

(1)  A  portion  of  the  debt  of  the  German  Empire  as  it  stood  on  August 

i,  1914,  calculated  on  the  basis  of  the  ratio  between  the  average  for 
the  three  financial  years  1911,  1912,  1913,  of  such  revenues  of  the 
ceded  territory,  and  the  average  for  the  same  years  of  such  revenues 
of  the  whole  German  Empire  as  in  the  judgment  of  the  Reparation 
Commission  are  best  calculated,  to  represent  the  relative  ability  of 
the  respective  territories  to  make  payment; 

(2)  A  portion  of  the  debt  as  it  stood  on  August  i,  1914,  of  the  German 

State  to  which  the  ceded  territory  belonged,  to  be  determined  in 
accordance  with  the  principle  stated  above. 

Such  portions  shall  be  determined  by  the  Reparation  Commission. 

The  method  of  discharging  the  obligation,  both  in  respect  of  capital  and 
of  interest,  so  assumed  shall  be  fixed  by  the  Reparation  Commission.  Such 
method  may  take  the  form,  inter  alia,  of  the  assumption  by  the  Power  to 
which  the  territory  is  ceded  of  Germany's  liability  for  the  German  debt  held 
by  her  nationals.  But  in  the  event  of  the  method  adopted  involving  any 
payments  to  the  German  Government,  such  payments  shall  be  transferred  to 
the  Reparation  Commission  on  account  of  the  sums  due  for  reparation  so 
long  as  any  balance  in  respect  of  such  sums  remains  unpaid. 

ARTICLE  255. 

(1)  As  an   exception   to  the  above  provision   and   inasmuch   as   in    1871 
Germany  refused  to   undertake  any  portion   of  the  burden  of  the  French 
debt,  France  shall  be,  in  respect  of  Alsace-Lorraine,  exempt  from  any  pay 
ment  under  Article  254. 

(2)  In  the  case  of  Poland  that  portion  of  the  debt  which,  in  the  opinion 
of  the  Reparation  Commission,  is  attributable  to  the  measures  taken  by  the 


TREATY   OF   PEACE  577 

German  and  Prussian  Governments  for  the  German  colonisation  of  Poland 
shall  be  excluded  from  the  apportionment  to  be  made  under  Article  254. 

(3)  In  the  case  of  all  ceded  territories  other  than  Alsace-Lorraine,  that 
portion  of  the  debt  of  the  German  Empire  or  German  States  which,  in  the 
opinion  of  the  Reparation  Commission,  represents  expenditure  by  the  Gov- 
ernments of  the  German  Empire  or  States  upon  the  Government  properties 
referred  to  in  Article  256  shall  be  excluded  from  the  apportionment  to  be 
made  under  Article  254. 

ARTICLE  256. 

Powers  to  which  German  territory  is  ceded  shall  acquire  all  property  and 
possessions  situated  therein  belonging  to  the  German  Empire  or  to  the 
German  States,  and  the  value  of  such  acquisitions  shall  be  fixed  by  the 
Reparation  Commission,  and  paid  by  the  State  acquiring  the  territory  to  the 
Reparation  Commission  for  the  credit  of  the  German  Government  on  account 
of  the  sums  due  for  reparation. 

For  the  purposes  of  this  Article  the  property  and  possessions  of  the  Ger- 
man Empire  and  States  shall  be  deemed  to  include  all  the  property  of  the 
Crown,  the  Empire  or  the  States,  and  the  private  property  of  the  former 
German  Emperor  and  other  Royal  personages. 

In  view  of  the  terms  on  which  Alsace-Lorraine  was  ceded  to  Germany  in 
1871,  France  shall  be  exempt  in  respect  thereof  from  making  any  payment 
or  credit  under  this  Article  for  any  property  or  possessions  of  the  German 
Empire  or  States  situated  therein. 

Belgium  also  shall  be  exempt  from  making  any  payment  or  any  credit 
under  this  Article  for  any  property  or  possessions  of  the  German  Empire 
or  States  situated  in  German  territory  ceded  to  Belgium  under  the  present 
Treaty. 

ARTICLE  257. 

In  the  case  of  the  former  German  territories,  including  colonies,  pro- 
tectorates or  dependencies,  administered  by  a  Mandatory  under  Article  22 
of  Part  I  (League  of  Nations)  of  the  present  Treaty,  neither  the  territory 
nor  the  Mandatory  Power  shall  be  charged  with  any  portion  of  the  debt  of 
the  German  Empire  or  States. 

All  property  and  possessions  belonging  to  the  German  Empire  or  to  the 
German  States  situated  in  such  territories  shall  be  transferred  with  the 
territories  to  the  Mandatory  Power  in  its  capacity  as  such  and  no  payment 
shall  be  made  nor  any  credit  given  to  those  Governments  in  consideration 
of  this  transfer. 

For  the  purposes  of  this  Article  the  property  and  possessions  of  the  Ger- 
man Empire  and  of  the  German  States  shall  be  deemed  to  include  all  the 
property  of  the  Crown,  the  Empire  or  the  States  and  the  private  property 
of  the  former  German  Emperor  and  other  Royal  personages. 


5?8  INTERNATIONAL   RELATIONS 

ARTICLE  258. 

Germany  renounces  all  rights  accorded  to  her  or  her  nationals  by  treaties, 
conventions  or  agreements,  of  whatsoever  kind,  to  representation  upon  or 
participation  in  the  control  or  administration  of  commissions,  state  banks, 
agencies  or  other  financial  or  economic  organisations  of  an  international 
character,  exercising  powers  of  control  or  administration,  and  operating  in 
any  of  the  Allied  or  Associated  States,  or  in  Austria,  Hungary,  Bulgaria  or 
Turkey,  or  in  the  dependencies  of  these  States,  or  in  the  former  Russian 
Empire. 

ARTICLE  259. 

(1)  Germany  agrees  to  deliver  within  one  month  from  the  date  of  the 
coming  into  force  of  the  present  Treaty,  to  such  authority  as  the  Principal 
Allied  and  Associated  Powers  may  designate,  the  sum  in  gold  which  was 
to  be  deposited  in  the  Reichsbank  in  the  name  of  the  Council  of  the  Admin- 
istration of  the  Ottoman  Public  Debt  as  security  for  the  first  issue  of  Turkish 
Government  currency  notes. 

(2)  Germany  recognises  her  obligation  to  make  annually  for  the  period 
of  twelve  years  the  payments  in  gold  for  which  provision  is  made  in  the  Ger- 
man  Treasury   Bonds   deposited  by  her   from  time   to   time   in   the   name 
of  the  Council  of  the  Administration  of  the  Ottoman  Public  Debt  as  security 
for  the  second  and  subsequent  issues  of  Turkish  Government  currency  notes. 

(3)  Germany  undertakes  to  deliver,  within  one  month  from  the  coming 
into  force  of  the  present  Treaty,  to  such  authority  as  the  Principal  Allied  and 
Associated  Powers  may  designate,  the  gold  deposit  constituted  in  the  Reichs- 
bank or  elsewhere,  representing  the  residue  of  the  advance  in  gold  agreed 
to  on  May  5,  1915,  by  the  Council  of  the  Administration  of  the  Ottoman 
Public  Debt  to  the  Imperial  Ottoman  Government. 

(4)  Germany  agrees  to  transfer  to  the  Principal  Allied  and  Associated 
Powers  any  title  that  she  may  have  to  the  sum  in  gold  and  silver  transmitted 
by  her  to  the  Turkish  Ministry  of  Finance  in  November,  1918,  in  anticipation 
of  the  payment  to  be  made  in  May,  1919,  for  the  service  of  the  Turkish  In- 
ternal Loan. 

(5)  Germany  undertakes  to  transfer  to  the  Principal  Allied  and  Associated 
Powers,  within  a  period  of  one  month  from  the  coming  into  force  of  the 
present  Treaty,   any   sums   in  gold   transferred   as   pledge   or  as   collateral 
security  to  the  German  Government  or  its  nationals  in  connection  with  loans 
made  by  them  to  the  Austro-Hungarian  Government 

(6)  Without  prejudice  to  Article  292  of  Part  X  (Economic  Clauses)  of  the 
present  Treaty,  Germany  confirms  the  renunciation  provided  for  in  Article 
XV  of  the  Armistice  of  November  11,  1918,  of  any  benefit  disclosed  by  the 
Treaties  of  Bucharest  and  of  Brest-Litovsk  and  by  the  treaties  supplementary 
thereto. 

Germany  undertakes  to  transfer,  either  to  Roumania  or  to  the  Principal 
Allied  and  Associated  Powers  as  the  case  may  be,  all  monetary  instruments. 


TREATY  OF  PEACE  579 

specie,  securities  and  negotiable  instruments,  or  goods,  which  she  has  received 
under  the  aforesaid  Treaties. 

(7)  The  sums  of  money  and  all  securities,  instruments  and  goods  of  what- 
soever nature,  to  be  delivered,  paid  and  transferred  under  the  provisions  of 
this  Article,  shall  be  disposed  of  by  the  Principal  Allied  and  Associated 
Powers  in  a  manner  hereafter  to  be  determined  by  those  Powers. 

ARTICLE  260. 

Without  prejudice  to  the  renunciation  of  any  rights  by  Germany  on  behalf 
of  herself  or  of  her  nationals  in  the  other  provisions  of  the  present  Treaty, 
the  Reparation  Commission  may  within  one  year  from  the  coming  into  force 
of  the  present  Treaty  demand  that  the  German  Government  become  possessed 
of  any  rights  and  interests  of  German  nationals  in  any  public  utility  under- 
taking or  in  any  concession  operating  in  Russia,  China,  Turkey,  Austria,  Hun- 
gary and  Bulgaria,  or  in  the  possessions  or  dependencies  of  these  States  or  in 
any  territory  formerly  belonging  to  Germany  or  her  allies,  to  be  ceded  by 
Germany  or  her  allies  to  any  Power  or  to  be  administered  by  a  Mandatory 
under  the  present  Treaty,  and  may  require  that  the  German  Government 
transfer,  within  six  months  of  the  date  of  demand,  all  such  rights  and  in- 
terests and  any  similar  rights  and  interests  the  German  Government  may  it- 
self possess  to  the  Reparation  Commission. 

Germany  shall  be  responsible  for  indemnifying  her  nationals  so  dispos- 
sessed, and  the  Reparation  Commission  shall  credit  Germany,  on  account  of 
sums  due  for  reparation,  with  such  sums  in  respect  of  the  value  of  the 
transferred  rights  and  interests  as  may  be  assessed  by  the  Reparation  Com- 
mission, and  the  German  Government  shall,  within  six  months  from  the 
coming  into  force  of  the  present  Treaty,  communicate  to  the  Reparation 
Commission  all  such  rights  and  interests,  whether  already  granted,  con- 
tingent or  not  yet  exercised,  and  shall  renounce  on  behalf  of  itself  and  its 
nationals  in  favour  of  the  Allied  and  Associated  Powers  all  such  rights  and 
interests  which  have  not  been  so  communicated. 

ARTICLE  261. 

Germany  undertakes  to  transfer  to  the  Allied  and  Associated  Powers 
any  claims  she  may  have  to  payment  or  repayment  by  the  Governments  of 
Austria,  Hungary,  Bulgaria  or  Turkey,  and,  in  particular,  any  claims  which 
may  arise,  now  or  hereafter,  from  the  fulfilment  of  undertakings  made  by 
Germany  during  the  war  to  those  Governments. 

ARTICLE  262. 

Any  monetary  obligation  due  by  Germany  arising  out  of  the  present  Treaty 
and  expressed  in  terms  of  gold  marks  shall  be  payable  at  the  option  of  the 
creditors  in  pounds  sterling  payable  in  London ;  gold  dollars  of  the  United 
States  of  America  payable  in  New  York;  gold  francs  payable  in  Paris;  or 
gold  lire  payable  in  Rome. 


58o  INTERNATIONAL   RELATIONS 

For  the  purpose  of  this  Article  the  gold  coins  mentioned  above  shall  be 
defined  as  being  of  the  weight  and  fineness  of  gold  as  enacted  by  law  on 
January  I,  1914. 

ARTICLE  263. 

Germany  gives  a  guarantee  to  the  Brazilian  Government  that  all  sums 
representing  the  sale  of  coffee  belonging  to  the  State  of  Sao  Paolo  in  the 
ports  of  Hamburg,  Bremen,  Antwerp  and  Trieste,  which  were  deposited  with 
the  Bank  of  Bleichroder  at  Berlin,  shall  be  reimbursed  together  with  interest 
at  the  rate  or  rates  agreed  upon.  Germany  having  prevented  the  transfer 
of  the  sums  in  question  to  the  State  of  Sao  Paolo  at  the  proper  time, 
guarantees  also  that  the  reimbursement  shall  be  effected  at  the  rate  of 
exchange  of  the  day  of  the  deposit. 

PART  X. 
ECONOMIC  CLAUSES. 


SECTION  I. 

COMMERCIAL  RELATIONS. 
CHAPTER  I. 

CUSTOMS   REGULATIONS,   DUTIES    AND  RESTRICTIONS. 

ARTICLE  264. 

Germany  undertakes  that  goods  the  produce  or  manufacture  of  any  one  of 
the  Allied  or  Associated  States  imported  into  German  territory,  from  what- 
soever place  arriving,  shall  not  be  subjected  to  other  or  higher  duties  or 
charges  (including  internal  charges)  than  those  to  which  the  like  goods  the 
produce  or  manufacture  of  any  other  such  State  or  of  any  other  foreign 
country  are  subject. 

Germany  will  not  maintain  or  impose  any  prohibition  or  restriction  on 
the  importation  into  German  territory  of  any  goods  the  produce  or  manu- 
facture of  the  territories  of  any  one  of  the  Allied  or  Associated  States, 
from  whatsoever  place  arriving,  which  shall  not  equally  extend  to  the  im- 
portation of  the  like  goods  the  produce  or  manufacture  of  any  other  such  State 
or  of  any  other  foreign  country. 

ARTICLE  265. 

Germany  further  undertakes  that,  in  the  matter  of  the  regime  applicable 
on  importation,  no  discrimination  against  the  commerce  of  any  of  the  Allied 
and  Associated  States  as  compared  with  any  other  of  the  said  States  or  any 


TREATY   OF   PEACE  581 

other  foreign  country  shall  be  made,  even  by  indirect  means,  such  as  customs 
regulations  or  procedure,  methods  of  verification  or  analysis  conditions  of 
payment  of  duties,  tariff  classification  or  interpretation,  or  the  operation  of 
monopolies. 

ARTICLE  266. 

In  all  that  concerns  exportation  Germany  undertakes  that  goods,  natural 
products  or  manufactured  articles,  exported  from  German  territory  to  the 
territories  of  any  one  of  the  Allied  or  Associated  States  shall  not  be  sub- 
jected to  other  or  higher  duties  or  charges  (including  internal  charges)  than 
those  paid  on  the  like  goods  exported  to  any  other  such  State  or  to  any  other 
foreign  country. 

Germany  will  not  maintain  or  impose  any  prohibition  or  restriction  on  the 
exportation  of  any  goods  sent  from  her  territory  to  any  one  of  the  Allied 
or  Associated  States  which  shall  not  equally  extend  to  the  exportation  of  the 
like  goods,  natural  products  or  manufactured  articles,  sent  to  any  other  such 
State  or  to  any  other  foreign  country. 

ARTICLE  267 

Every  favour,  immunity  or  privilege  in  regard  to  the  importation,  exporta- 
tion or  transit  of  goods  granted  by  Germany  to  any  Allied  or  Associated 
State  or  to  any  other  foreign  country  whatever  shall  simultaneously  and 
unconditionally,  without  request  and  without  compensation,  be  extended  to 
all  the  Allied  and  Associated  States. 

ARTICLE  268. 

The  provisions  of  Articles  264  to  267  inclusive  of  this  Chapter  and  of 
Article  323  of  Part  XII  (Ports,  Waterways  and  Railways)  of  the  present 
Treaty  are  subject  to  the  following  exceptions: 

(a)  For  a  period  of  five  years  from  the  coming  into  force  of  the  present 
Treaty,  natural  or  manufactured  products  which  both  originate  in  and  come 
from  the  territories  of  Alsace  and  Lorraine  reunited  to  France  shall,  on 
importation  into  German  customs  territory,  be  exempt  from  all  customs  duty. 

The  French  Government  shall  fix  each  year,  by  decree  communicated  to  the 
German  Government,  the  nature  and  amount  of  the  products  which  shall 
enjoy  this  exemption. 

The  amount  of  each  product  which  may  be  thus  sent  annually  into  Ger- 
many shall  not  exceed  the  average  of  the  amounts  sent  annually  in  the 
years  1911-1913. 

Further,  during  the  period  above  mentioned  the  German  Government  shall 
allow  the  free  export  from  Germany,  and  the  free  re-importation  into  Ger- 
many, exempt  from  all  customs  duties  and  other  charges  (including  internal 
charges),  of  yarns,  tissues,  and  other  textile  materials  or  textile  products  of 
any  kind  and  in  any  condition,  sent  from  Germany  into  the  territories  of 
Alsace  or  Lorraine,  to  be  subjected  there  to  any  finishing  process,  such  as 
bleaching,  dyeing,  printing,  mercerisation,  gassing,  twisting  or  dressing. 


582 

(Z?)  During  a  period  of  three  years  from  the  coming  into  force  of  the 
present  Treaty  natural  or  manufactured  products  which  both  originate  in 
and  come  from  Polish  territories  which  before  the  war  were  part  of  Germany 
shall,  on  importation  into  German  customs  territory,  be  exempt  from  all 
customs  duty. 

The  Polish  Government  shall  fix  each  year,  by  decree  communicated  to  the 
German  Government,  the  nature  and  amount  of  the  products  which  shall 
enjoy  this  exemption. 

The  amount  of  each  product  which  may  be  thus  sent  annually  into  Ger- 
many shall  not  exceed  the  average  of  the  amounts  sent  annually  in  the 
years  1911-1913. 

(<r)  The  Allied  and  Associated  Powers  reserve  the  right  to  require 
Germany  to  accord  freedom  from  customs  duty,  on  importation  into  German 
customs  territory,  to  natural  products  and  manufactured  articles  which  both 
originate  in  and  come  from  the  Grand  Duchy  of  Luxemburg,  for  a  period  of 
five  years  from  the  coming  into  force  of  the  present  Treaty. 

The  nature  and  amount  of  the  products  which  shall  enjoy  the  benefits  of 
this  regime  shall  be  communicated  each  year  to  the  German  Government. 

The  amount  of  each  product  which  may  be  thus  sent  annually  into  Germany 
shall  not  exceed  the  average  of  the  amounts  sent  annually  in  the  years  1911- 

1913. 

ARTICLE  269. 

During  the  first  six  months  after  the  coming  into  force  of  the  present 
Treaty,  the  duties  imposed  by  Germany  on  imports  from  Allied  and  Associated 
States  shall  not  be  higher  than  the  most  favourable  duties  which  were  applied 
to  imports  into  Germany  on  July  31,  1914. 

During  a  further  period  of  thirty  months  after  the  expiration  of  the  first 
six  months,  this  provision  shall  continue  to  be  applied  exclusively  with 
regard  to  products  which,  being  comprised  in  Section  A  of  the  First  Category 
of  the  German  Customs  Tariff  of  December  25,  1902,  enjoyed  at  the  above- 
mentioned  date  (July  31,  1914)  rates  conventionalised  by  treaties  with  the 
Allied  and  Associated  Powers,  with  the  addition  of  all  kinds  of  wine  and 
vegetable  oils,  of  artificial  silk  and  of  washed  or  scoured  wool,  whether  or 
not  they  were  the  subject  of  special  conventions  before  July  31,  1914. 

ARTICLE  270. 

The  Allied  and  Associated  Powers  reserve  the  right  to  apply  to  German 
territory  occupied  by  their  troops  a  special  customs  regime  as  regards  imports 
and  exports,  in  the  event  of  such  a  measure  being  necessary  in  their  opinion 
in  order  to  safeguard  the  economic  interests  of  the  population  of  these 
territories. 


.TREATY   OF   PEACE  583 

CHAPTER  II. 

SHIPPING. 
ARTICLE  271. 

As  regards  sea  fishing,  maritime  coasting  trade,  and  maritime  towage, 
vessels  of  the  Allied  and  Associated  Powers  shall  enjoy,  in  German  territorial 
waters,  the  treatment  accorded  to  vessels  of  the  most  favoured  nation. 

ARTICLE  272. 

Germany  agrees  that,  notwithstanding  any  stipulation  to  the  contrary  con- 
tained in  the  Conventions  relating  to  the  North  Sea  fisheries  and  liquor 
traffic,  all  rights  of  inspection  and  police  shall,  in  the  case  of  fishing-boats 
of  the  Allied  Powers,  be  exercised  solely  by  ships  belonging  to  those  Powers. 

ARTICLE  273. 

In  the  case  of  vessels  of  the  Allied  or  Associated  Powers,  all  classes  of 
certificates  or  documents  to  the  vessel,  which  were  recognised  as  valid 
by  Germany  before  the  war,  or  which  may  hereafter  be  recognised  as  valid  by 
the  principal  maritime  States,  shall  be  recognised  by  Germany  as*  valid  and 
as  equivalent  to  the  corresponding  certificates  issued  to  German  vessels. 

A  similar  recognition  shall  be  accorded  to  the  ceertificates  and  documents 
issued  to  their  vessels  by  the  Governments  of  new  States,  whether  they  have 
a  sea-coast  or  not,  provided  that  such  certificates  and  documents  shall  be 
issued  in  conformity  with  the  general  practice  observed  in  the  principal 
maritime  States. 

The  High  Contracting  Parties  agree  to  recognise  the  flag  flown  by  the 
vessels  of  an  Allied  or  Associated  Power  having  no  sea-coast  which  are 
registered  at  some  one  specified  place  situated  in  its  territory;  such  place 
shall  serve  as  the  port  of  registry  of  such  vessels. 

CHAPTER  III. 

UNFAIR    COMPETITION. 

ARTICLE  274. 

Germany  undertakes  to  adopt  all  the  necessary  legislative  and  administra- 
tive measures  to  protect  goods  the  produce  or  manufacture  of  any  one  of  the 
Allied  and  Associated  Powers  from  all  forms  of  unfair  competition  in  com- 
mercial transactions. 

Germany  undertakes  to  prohibit  and  repress  by  seizure  and  by  other 
appropriate  remedies  the  importation,  exportation,  manufacture,  distribution, 
sale  or  offering  for  sale  in  its  territory  of  all  goods  bearing  upon  themselves 
or  their  usual  get-up  or  wrappings  any  marks,  names,  devices,  or  description 


584  INTERNATIONAL   RELATIONS 

whatsoever  which  are  calculated  to  convey  directly  or  indirectly  a  false  indica- 
tion of  the  origin,  type,  nature,  or  special  characteristics  of  such  goods, 

ARTICLE  275. 

Germany  undertakes  on  condition  that  reciprocity  is  accorded  in  these 
matters  to  respect  any  law,  or  any  administrative  or  judicial  decision  given 
in  conformity  with  such  law,  in  force  in  any  Allied  or  Associated  State  and 
duly  communicated  to  her  by  the  proper  authorities,  defining  or  regulating 
the  right  to  any  regional  appellation  in  respect  of  wine  or  spirits  produced 
in  the  State  to  which  the  region  belongs,  or  the  conditions  under  which  the 
use  of  any  such  appellation  may  be  permitted ;  and  the  importation,  exporta- 
tion, manufacture,  distribution,  sale  or  offering  for  sale  of  products  or  articles 
bearing  regional  appellations  inconsistent  with  such  law  or  order  shall  be 
prohibited  by  the  German  Government  and  repressed  by  the  measures  pre- 
scribed in  the  preceding  Article. 

CHAPTER  IV. 
TREATMENT  OF  NATIONALS  of  ALLIED  AND  ASSOCIATED  POWERS. 

ARTICLE  276. 

Germany  undertakes: 

(a)  Not  to  subject  the  nationals  of  the  Allied  and  Associated  Powers  to 
any  prohibition  in  regard  to  the  exercise  of  occupations,  professions,  trade 
and  industry,  which  shall  not  be  equally  applicable  to  all  aliens  without 
exception ; 

(fe)  Not  to  subject  the  nationals  of  the  Allied  and  Associated  Powers  in 
regard  to  the  rights  referred  to  in  paragraph  (a)  to  any  regulation  or 
restriction  which  might  contravene  directly  or  indirectly  the  stipulations  of 
the  said  paragraph,  or  which  shall  be  other  or  more  disadvantageous  than 
those  which  are  applicable  to  nationals  of  the  most  favoured  nation ; 

(c)  Not  to  subject  the  nationals  of  the  Allied  and  Associated   Powers, 
their  property,  rights  or  interests,  including  companies  and  associations  in 
which  they  are  interested,  to  any  charge,  tax  or  impost,  direct  or  indirect, 
other  or  higher  than  those  which  are  or  may  be  imposed  on  her  own  nationals 
or  their  property,  rights  or  interests ; 

(d)  Not  to  subject  the  nationals  of  any  one  of  the  Allied  and  Associated 
Powers  to  any  restriction  which  was  not  applicable  on  July  I,  1914,  to  the 
nationals  of  such  Powers  unless  such  restriction  is  likewise  imposed  on  her 
own  nationals. 

ARTICLE  277. 

The  nationals  of  the  Allied  and  Associated  Powers  shall  enjoy  in  German 
territory  a  constant  protection  for  their  persons  and  for  their  property,  rights 
and  interests,  and  shall  have  free  access  to  the  courts  of  law. 


TREATY   OF   PEACE  585 

ARTICLE  278. 

Germany  undertakes  to  recognise  any  new  nationality  which  has  been  or 
may  be  acquired  by  her  nationals  under  the  laws  of  the  Allied  and  Associated 
Powers  and  in  accordance  with  the  decisions  of  the  competent  authorities  of 
these  Powers  pursuant  to  naturalisation  laws  or  under  treaty  stipulations, 
and  to  regard  such  persons  as  having,  in  consequence  of  the  acquisition  of 
such  new  nationality,  in  all  respects  severed  their  allegiance  to  their  country 
of  origin. 

ARTICLE  279. 

The  Allied  and  Associated  Powers  may  appoint  consuls-general,  consuls, 
vice-consuls,  and  consular  agents  in  German  towns  and  ports.  Germany 
undertakes  to  approve  the  designation  of  the  consuls-general,  consuls,  vice- 
consuls,  and  consular  agents,  whose  names  shall  be  notified  to  her,  and  to 
admit  them  to  the  exercise  of  their  functions  in  conformity  with  the  usual 
rules  and  customs. 

CHAPTER  V. 

GENERAL  ARTICLES. 

ARTICLE  280. 

The  obligations  imposed  on  Germany  by  Chapter  I  and  by  Articles  271 
and  272  of  Chapter  II  above  shall  cease  to  have  effect  five  years  from  the 
date  of  the  coming  into  force  of  the  present  Treaty,  unless  otherwise  pro- 
vided in  the  text  or  unless  the  Council  of  the  League  of  Nations  shall,  at 
least  twelve  months  before  the  expiration  of  that  period,  decide  that  these 
obligations  shall  be  maintained  for  a  further  period  with  or  without  amend- 
ment. 

Article  276  of  Chapter  IV  shall  remain  in  operation,  with  or  without 
amendment,  after  the  period  of  five  years  for  such  further  period,  if  any, 
not  exceeding  five  years,  as  may  be  determined  by  a  majority  of  the  Council 
of  the  League  of  Nations. 

ARTICLE  281. 

If  the  German  Government  engages  in  international  trade,  it  shall  not  in 
respect  thereof  have  or  be  deemed  to  have  any  rights,  privileges  or  immu- 
nities of  sovereignty. 

SECTION  II. 
TREATIES. 

ARTICLE  282. 

From  the  coming  into  force  of  the  present  Treaty  and  subject  to  the 
provisions  thereof  the  multilateral  treaties,  conventions  and  agreements  of 
an  economic  or  technical  character  enumerated  below  and  in  the  subsequent 


586  INTERNATIONAL   RELATIONS 

Articles  shall  alone  be  applied  as  between  Germany  and  those  of  the  Allied 
and  Associated  Powers  party  thereto : 

(1)  Conventions  of  March  14,  1884,  December  i,  1886,  and  March  23,  1887, 
and  Final  Protocol  of  July  7,  1887,  regarding  the  protection  of  submarine 
cables. 

(2)  Convention  of  October  n,  1909,  regarding  the  international  circula- 
tion of  motor-cars. 

(3)  Agreement  of  May  15,  1886,  regarding  the  sealing  of  railway  trucks 
subject  to  customs  inspection,  and  Protocol  of  May  18,  1907. 

(4)  Agreement  of  May  15,   1886,  regarding  the  technical  standardisation 
of  railways. 

(5)  Convention   of   July   5,    1890,    regarding  the   publication   of   customs 
tariffs  and  the  organisation  of  an  International  Union  for  the  publication 
of  customs  tariffs. 

(6)  Convention  of  December  31,   1913,  regarding  the  unification  of  com- 
mercial statistics. 

(7)  Convention  of  April  25,   1917,  regarding  the  raising  of  the  Turkish 
customs  tariff. 

(8)  Convention  of  March  14,  1857,  for  the  redemption  of  toll  dues  on  the 
Sound  and  Belts. 

(9)  Convention  of  June  22,  1861,  for  the  redemption  of  the  Stade  Toll 
on  the  Elbe. 

(10)  Convention  of  July  16,  1863,  for  the  redemption  of  the  toll  dues  on 
the  Scheldt. 

(n)  Convention  of   October  29,   1888,   regarding  the  establishment  of  a 
definite  arrangement  guaranteeing  the  free  use  of  the  Suez  Canal. 

(12)  Conventions    of    September   23,    1910,    respecting   the    unification    of 
certain  regulations  regarding  collisions  and  salvage  at  sea. 

(13)  Convention  of  December  21,  1904,  regarding  the  exemption  of  hos- 
pital ships  from  dues  and  charges  in  ports. 

(14)  Convention  of  February  4,  1898,  regarding  the  tonnage  measurement 
of  vessels  for  inland  navigation. 

(15)  Convention  of  September  26,  1906,  for  the  suppression  of  nightwork 
for  women. 

(16)  Convention  of  September  26,  1906,  for  the  suppression  of  the  use  of 
white  phosphorus  in  the  manufacture  of  matches. 

(17)  Conventions  of  May  18,  1904,  and  May  4,  1910,  regarding  the  sup- 
pression of  the  White  Slave  Traffic. 

(18)  Convention  of   May  4,   1910,  regarding  the  suppression  of  obscene 
publications. 

(19)  Sanitary  Conventions  of  January  30,   1892,  April   15,   1893,  April  3, 
1894,  March  19,  1897,  and  December  3,  1903. 

(20)  Convention  of  May  20,  18-75,  regarding  the  unification  and  improve- 
ment of  the  metric  system. 

(21)  Convention  of  November  29,  1906,  regarding  the  unification  of  phar- 
macopceial  formulae  for  potent  drugs. 


TREATY   OF   PEACE  587 

(22)  Convention  of   November   16  and  19,   1885,  regarding  the  establish- 
ment of  a  concert  pitch. 

(23)  Convention  of  June  7,  1905,  regarding  the  creation  of  an  International 
Agricultural  Institute  at  Rome. 

(24)  Conventions   of    November   3,    1881,    and   April    15,    1889,   regarding 
precautionary  measures  against  phylloxera. 

(25)  Convention  of  March  19,  1902,  regarding  the  protection  of  birds  use- 
ful to  agriculture. 

(26)  Convention  of  June  12,  1902,  as  to  the  protection  of  minors. 

ARTICLE  283. 

From  the  coming  into  force  of  the  present  Treaty  the  High  Contracting 
Parties  shall  apply  the  conventions  and  agreements  hereinafter  mentioned, 
in  so  far  as  concerns  them,  on  condition  that  the  special  stipulations  con- 
tained in  this  Article  are  fulfilled  by  Germany. 

Postal  Conventions: 

Conventions  and  agreements  of  the  Universal  Postal  Union  concluded  at 
Vienna,  July  4,  1891. 

Conventions  and  agreements  of  the  "Postal  Union  signed  at  Washington, 
June  15,  1897. 

Conventions  and  agreements  of  the  Postal  Union  signed  at  Rome,  May 
26,  1906. 

Telegraphic  Conventions: 
International  Telegraphic  Conventions  signed  at  St.  Petersburg,  July  10/22, 

1875- 

Regulations  and  Tariffs  drawn  up  by  the  International  Telegraphic  Con- 
ference, Lisbon,  June  11,  1908. 

Germany  undertakes  not  to  refuse  her  assent  to  the  conclusion  by  the  "new 
States  of  the  special  arrangements  referred  to  in  the  conventions  and  agree- 
ments relating  to  the  Universal  Postal  Union  and  to  the  International  Tele- 
graphic Union,  to  which  the  said  new  States  have  adhered  or  may  adhere. 

ARTICLE  284. 

From  the  coming  into  force  of  the  present  Treaty  the  High  Contracting 
Parties  shall  apply,  in  so  far  as  concerns  them,  the  International  Radio- 
Telegraphic  Convention  of  July  5,  1912,  on  condition  that  Germany  fulfils  the 
provisional  regulations  which  will  be  indicated  to  her  by  the  Allied  and 
Associated  Powers. 

If  within  five  years  after  the  coming  into  force  of  the  present  Treaty  a 
new  convention  regulating  international  radio-telegraphic  communications 
should  have  been  concluded  to  take  the  place  of  the  Convention  of  July  5, 
1912,  this  new  convention  shall  bind  Germany,  even  if  Germany  should  refuse 
either  to  take  part  in  drawing  up  the  convention,  or  to  subscribe  thereto. 


588  INTERNATIONAL   RELATIONS 

This  new  convention  will  likewise  replace  the  provisional  regulations  in 
force. 

ARTICLE  285. 

From  the  coming  into  force  of  the  present  Treaty,  the  High  Contracting 
Parties  shall  apply  in  so  far  as  concerns  them  and  under  the  conditions 
stipulated  in  Article  272,  the  conventions  hereinafter  mentioned : 

(1)  The  Conventions  of   May  6,    1882,  and   February   I,   1889,   regulating 
the  fisheries  in  the  North  Sea  outside  territorial  waters. 

(2)  The  Conventions  and  Protocols  of  November  16,  1887,  February  14, 
1893,  and  April  n,  1894,  regarding  the  North  Sea  liquor  traffic. 

ARTICLE  286. 

The  International  Convention  of  Paris  of  March  20,  1883,  for  the  protec- 
tion of  industrial  property,  revised  at  Washington  on  June  2,  1911;  and  the 
International  Convention  of  Berne  of  September  9,  1886,  for  the  protection 
of  literary  and  artistic  works,  revised  at  Berlin  on  November  13,  1908,  and 
completed  by  the  additional  Protocol  signed  at  Berne  on  March  20,  1914, 
will  again  come  into  effect  as  from  the  coming  into  force  of  the  present 
Treaty,  in  so  far  as  they  are  not  affected  or  modified  by  the  exceptions  and 
restrictions  resulting  therefrom. 

ARTICLE  287. 

From  the  coming  into  force  of  the  present  Treaty  the  High  Contracting 
Parties  shall  apply,  in  so  far  as  concerns  them,  the  Convention  of  the  Hague 
of  July  17,  1905,  relating  to  civil  procedure.  This  renewal,  however,  will  not 
apply  to  France,  Portugal  and  Roumania. 

ARTICLE  288. 

The  special  rights  and  privileges  granted  to  Germany  by  Article  3  of  the 
Convention  of  December  2,  1899,  relating  to  Samoa  shall  be  considered  to 
have  terminated  on  August  4,  1914. 

ARTICLE  289. 

Each  of  the  Allied  or  Associated  Powers,  being  guided  by  the  general  prin- 
ciples or  special  provisions  of  the  present  Treaty,  shall  notify  to  Germany 
the  bilateral  treaties  or  conventions  which  such  Allied  or  Associated  Power 
wishes  to  revive  with  Germany. 

The  notification  referred  to  in  the  present  Article  shall  be  made  either 
directly  or  through  the  intermediary  of  another  Power.  Receipt  thereof  shall 
be  acknowledged  in  writing  by  Germany.  The  date  of  the  revival  shall  be 
that  of  the  notification. 

The  Allied  and  Associated  Powers   undertake  among  themselves   not   to 


TREATY   OF   PEACE  589 

revive  with  Germany  any  conventions  or  treaties  which  are  not  in  accordance 
with  the  terms  of  the  present  Treaty. 

The  notification  shall  mention  any  provisions  of  the  said  conventions  and 
treaties  which,  not  being  in  accordance  with  the  terms  of  the  present  Treaty, 
shall  not  be  considered  as  revived. 

In  case  of  any  difference  of  opinion,  the  League  of  Nations  will  be  called 
on  to  decide. 

A  period  of  six  months  from  the  coming  into  force  of  the  present 
Treaty  is  allowed  to  the  Allied  and  Associated  Powers  within  which  to  make 
the  notification. 

Only  those  bilateral  treaties  and  conventions  which  have  been  the  subject 
of  such  a  notification  shall  be  revived  between  the  Allied  and  Associated 
Powers  and  Germany;  all  the  others  are  and  shall  remain  abrogated. 

The  above  regulations  apply  to  all  bilateral  treaties  or  conventions  existing 
between  all  the  Allied  and  Associated  Powers  signatories  to  the  present 
Treaty  and  Germany,  even  if  the  said  Allied  and  Associated  Powers  have  not 
been  in  a  state  of  war  with  Germany. 

ARTICLE  290. 

Germany  recognizes  that  all  the  treaties,  conventions  or  agreements  which 
she  has  concluded  with  Austria,  Hungary,  Bulgaria  or  Turkey  since  August  I, 
1914,  until  the  coming  into  force  of  the  present  Treaty  are  and  remain 
abrogated  by  the  present  Treaty. 

ARTICLE  291. 

Germany  undertakes  to  secure  to  the  Allied  and  Associated  Powers,  and 
to  the  officials  and  nationals  of  the  said  Powers,  the  enjoyment  of  all  the 
rights  and  advantages  of  any  kind  which  she  may  have  granted  to  Austria, 
Hungary,  Bulgaria  or  Turkey,  or  to  the  officials  and  nationals  of  these  States 
by  treaties,  conventions  or  arrangements  concluded  before  August  I,  1914,  so 
long  as  those  treaties,  conventions  or  arrangements  remain  in  force. 

The  Allied  and  Associated  Powers  reserve  the  right  to  accept  or  not  the 
enjoyment  of  these  rights  and  advantages. 

ARTICLE  292. 

Germany  recognizes  that  all  treaties,  conventions  or  arrangements  which 
she  concluded  with  Russia,  or  with  any  State  or  Government  of  which  the 
territory  previously  formed  a  part  of  Russia,  or  with  Roumania,  before 
August  i,  1914,  or  after  that  date  until  coming  into  force  of  the  present 
Treaty,  are  and  remain  abrogated. 

ARTICLE  293. 

Should  an  Allied  or  Associated  Power,  Russia,  or  a  State  or  Government 
of  which  the  territory  formerly  constituted  a  part  of  Russia,  have  been 
forced  since  August  i,  1914  by  reason  of  military  occupation  or  by  any  other 


590  INTERNATIONAL   RELATIONS 

means  or  for  any  other  cause,  to  grant  or  to  allow  to  be  granted  by  the  act 
of  any  public  authority,  concessions,  privileges  and  favours  of  any  kind  to 
Germany  or  to  a  German  national,  such  concessions,  privileges  and  favours 
are  ipso  facto  annulled  by  the  present  Treaty. 

No  claims  or  indemnities  which  may  result  from  this  annulment  shall  be 
charged  against  the  Allied  or  Associated  Powers  or  the  Powers,  States, 
Governments  or  public  authorities  which  are  released  from  their  engagements 
by  the  present  Article. 

294. 


From  the  coming  into  force  of  the  present  Treaty  Germany  undertakes  to 
give  the  Allied  and  Associated  Powers  and  their  nationals  the  benefit  ipso 
facto  of  the  rights  and  advantages  of  any  kind  which  she  has  granted  by 
treaties,  conventions,  or  arrangements  to  nonbelligerent  States  or  their 
nationals  since  August  i,  1914,  until  the  coming  into  force  of  the  present 
Treaty,  so  long  as  those  treaties,  conventions  or  arrangements  remain  in 
force. 

ARTICLE  295. 

Those  of  the  High  Contracting  Parties  who  have  not  yet  signed,  or  who 
have  signed  but  not  yet  ratified,  the  Opium  Convention  signed  at  The  Hague 
on  January  23,  1912,  agree  to  bring  the  said  Convention  into  force,  and  for 
this  purpose  to  enact  the  necessary  legislation  without  delay  and  in  any  case 
within  a  period  of  twelve  months  from  the  coming  into  force  of  the  present 
Treaty. 

Furthermore,  they  agree  that  ratification  of  the  present  Treaty  should  in 
the  case  of  Powers  which  have  not  yet  ratified  the  Opium  Convention  be 
deemed  in  all  respects  equivalent  to  the  ratification  of  that  Convention  and 
to  the  signature  of  the  Special  Protocol  which  was  opened  at  The  Hague  in 
accordance  with  the  resolutions  adopted  by  the  Third  Opium  Conference  in 
1914  for  bringing  the  said  Convention  into  force. 

For  this  purpose  the  Government  of  the  French  Republic  will  communicate 
to  the  Government  of  the  Netherlands  a  certified  copy  of  the  protocol  of  the 
deposit  of  ratifications  of  the  present  Treaty,  and  will  invite  the  Government 
of  the  Netherlands  to  accept  and  deposit  the  said  certified  copy  as  if  it  were 
a  deposit  of  ratifications  of  the  Opium  Convention  and  a  signature  of  the 
Additional  Protocol  of  1914. 

SECTION  III. 

DEBTS. 
ARTICLE  296. 

There  shall  be  settled  through  the  intervention  of  clearing  offices  to  be 
established  by  each  of  the  High  Contracting  Parties  within  three  months  of 
the  notification  referred  to  in  paragraph  (e)  hereafter  the  following  classes 
of  pecuniary  obligations  : 


TREATY   OF   PEACE  591 

(1)  Debts  payable  before  the  war  and  due  by  a  national  of  one  of  the 
Contracting  Powers,  residing  within  its  territory,  to  a  national  of  an  Opposing 
Power,  residing  within  its  territory ; 

(2)  Debts  which  became  payable  during  the  war  to  nationals  of  one  Con- 
tracting Power  residing  within  its  territory  and  arose  out  of  transactions  or 
contracts  with  the  nationals  of  an  Opposing  Power,  resident  within  its  terri- 
tory, of  which  the  total  or  partial  execution  was  suspended  on  account  of  the 
declaration  of  war; 

(3)  Interest   which   has   accrued   due   before   and   during   the   war   to   a 
national  of  one  of  the  Contracting  Powers  in  respect  of  securities  issued  by 
an  Opposing  Power,  provided  that  the  payment  of  interest  on  such  securities 
to  the  nationals  of  that  Power  or  to  neutrals  has  not  been  suspended  during 
the  war; 

(4)  Capital  sums  which  have  become  payable  before  and  during  the  war 
to  nationals  of  one  of  the  Contracting  Powers  in  respect  of  securities  issued 
by  one  of  the  Opposing  Powers,  provided  that  the  payment  of  such  capital 
sums  to  nationals  of  that  Power  or  to  neutrals  has  not  been  suspended  during 
the  war. 

The  proceeds  of  liquidation  of  enemy  property,  rights  and  interests  men- 
tioned in  Section  IV  and  in  the  Annex  thereto  will  be  accounted  for  through 
the  Clearing  Offices,  in  the  currency  and  at  the  rate  of  exchange  hereinafter 
provided  in  paragraph  (d)  and  disposed  of  by  them  under  the  conditions  pro- 
vided by  the  said  Section  and  Annex. 

The  settlements  provided  for  in  this  Article  shall  be  effected  according  to 
the  following  principles  and  in  accordance  with  the  Annex  to  this  Section : 

(a)  Each  of  the  High  Contracting  Parties  shall  prohibit,  as  from  the 
coming  into  force  of  the  present  Treaty,  both  the  payment  and  the  acceptance 
of  payment  of  such  debts,  and  also  all  communications  between  the  interested 
parties  with  regard  to  the  settlement  of  the  said  debts  otherwise  than  through 
the  Clearing  Offices ; 

(&)  Each  of  the  High  Contracting  Parties  shall  be  respectively  responsible 
for  the  payment  of  such  debts  due  by  its  nationals,  except  in  the  cases  where 
before  the  war  the  debtor  was  in  a  state  of  bankruptcy  or  failure,  or  had 
given  formal  indication  of  insolvency  or  where  the  debt  was  due  by  a  com- 
pany whose  business  has  been  liquidated  under  emergency  legislation  during 
the  war.  Nevertheless,  debts  due  by  the  inhabitants  of  territory  invaded  or 
occupied  by  the  enemy  before  the  Armistice  will  not  be  guaranteed  by  the 
States  of  which  those  territories  form  part; 

(c)  The  sums  due  to  the  nationals  of  one  of  the  High  Contracting  Parties 
by  the  nationals  of  an  Opposing  State  will  be  debited  to  the  Clearing  Office 
of  the  country  of  the  debtor,  and  paid  to  the  creditor  by  the  Clearing  Office 
of  the  country  of  the  creditor; 

(<J)  Debts  shall  be  paid  or  credited  in  the  currency  of  such  one  of  the 
Allied  and  Associated  Powers,  their  colonies  or  protectorates,  or  the  British 
Dominions  or  India,  as  may  be  concerned.  If  the  debts  are  payable  in  some 


5Q2  INTERNATIONAL   RELATIONS 

other  currency  they  shall  be  paid  or  credited  in  the  currency  of  the  country 
concerned,  whether  an  Allied  or  Associated  Power,  Colony,  Protectorate, 
British  Dominion  or  India,  at  the  pre-war  rate  of  exchange. 

For  the  purpose  of  this  provision  the  pre-war  rate  of  exchange  shall  be 
defined  as  the  average  cable  transfer  rate  prevailing  in  the  Allied  or  Asso- 
ciated country  concerned  during  the  month  immediately  preceding  the  out- 
break of  war  between  the  said  country  concerned  and  Germany. 

If  a  contract  provides  for  a  fixed  rate  of  exchange  governing  the  conver- 
sion of  the  currency  in  which  the  debt  is  stated  into  the  currency  of  the  Allied 
or  Associated  country  concerned,  then  the  above  provisions  concerning  the 
rate  of  exchange  shall  not  apply. 

In  the  case  of  new  States  the  currency  in  which  and  the  rate  of  exchange 
at  which  debts  shall  be  paid  or  credited  shall  be  determined  by  the  Reparation 
Commission  provided  for  in  Part  VIII  (Reparation)  ; 

(e)  The  provisions  of  this  Article  and  of  the  Annex  hereto  shall  not  apply 
as  between  Germany  on  the  one  hand  and  any  one  of  the  Allied  and  Asso- 
ciated Powers,  their  colonies  or  protectorates,  or  any  one  of  the  British 
Dominions  or  India  on  the  other  hand,  unless  within  a  period  of  one  month 
from  the  deposit  of  the  ratification  of  the  present  Treaty  by  the  Power  in 
question,  or  of  the  ratification  on  behalf  of  such  Dominion  or  of  India,  notice 
to  that  effect  is  given  to  Germany  by  the  Government  of  such  Allied  or 
Associated  Power  or  of  such  Dominion  or  of  India  as  the  case  may  be ; 

(/)  The  Allied  and  Associated  Powers  who  have  adopted  this  Article  and 
the  Annex  hereto  may  agree  between  themselves  to  apply  them  to  their  respec- 
tive nationals  established  in  their  territory  so  far  as  regards  matters  between 
their  nationals  and  German  nationals.  In  this  case  the  payments  made  by 
application  of  this  provision  will  be  subject  to  arrangements  between  the 
Allied  and  Associated  Clearing  Offices  concerned. 

ANNEX. 

1.  Each  of  the  High  Contracting  Parties  will,  within  three  months  from 
the  notification  provided  for  in  Article  296,  paragraph  (e}}  establish  a  Clear- 
ing Office  for  the  collection  and  payment  of  enemy  debts. 

Local  Clearing  Offices  may  be  established  for  any  particular  portion  of 
the  territories  of  the  High  Contracting  Parties.  Such  local  Clearing  Offices 
may  perform  all  the  functions  of  a  central  Clearing  Office  in  their  respective 
districts,  except  that  all  transactions  with  the  Clearing  Office  in  the  Op- 
posing State  must  be  effected  through  the  central  Clearing  Office. 

2.  In  this  Annex  the  pecuniary  obligations  referred  to  in  the  first  para- 
graph of  Article  296  are  described  "as  enemy  debts",  the  persons  from  whom 
the  same  are  due  as  "enemy  debtors",  the  persons  to  whom  they  are  due  as 
"enemy   creditors",   the    Clearing    Office    in   the   country   of    the   creditor   is 
called  the  "Creditor  Clearing  Office",  and  the  Clearing  Office  in  the  country 
of  the  debtor  is  called  the  "Debtor  Clearing  Office." 

3.  The  High  Contracting  Parties  will  subject  contraventions  of  paragraph 


TREATY   OF   PEACE  593 

(a)  of  Article  296  to  the  same  penalties  as  are  at  present  provided  by  their 
legislation  for  trading  with  the  enemy.  They  will  similarly  prohibit  within 
their  territory  all  legal  process  relating  to  payment  of  enemy  debts,  except 
in  accordance  with  the  provisions  of  this  Annex. 

4.  The   Government  guarantee  specified  in  paragraph    (6)    of  Article  296 
shall  take  effect  whenever,  for  any  reason,  a  debt  shall  not  be  recoverable, 
except  in  a  case  where  at  the  date  of  the  outbreak  of  the  war  the  debt  was 
barred  by  the  laws  of  prescription  in   force   in  the  country  of  the  debtor, 
or  where  the  debtor  was  at  that  time  in  a  state  of  bankruptcy  or  failure  or 
had  given  formal  indication  of  insolvency,  or  where  the  debt  was  due  by  a 
company   whose   business    has   been   liquidated   under   emergency   legislation 
during  the  war.     In  such  case  the  procedure  specified  by  this  Annex  shall 
apply  to  payment  of  the  dividends. 

The  terms  "bankruptcy"  and  "failure"  refer  to  the  application  of  legisla- 
tion providing  for  such  juridical  conditions.  The  expression  "formal  indica- 
tion of  insolvency"  bears  the  same  meaning  as  it  has  in  English  law. 

5.  Creditors  shall  give  notice  to  the  Creditor  Clearing  Office  within   six 
months   of  its   establishment  of  debts   due  to  them,  and   shall   furnish  the 
Clearing  Office  with  any  documents  and  information  required  of  them. 

The  High  Contracting  Parties  will  take  all  suitable  measures  to  trace 
and  punish  collusion  between  enemy  creditors  and  debtors.  The  Clearing 
Offices  will  communicate  to  one  another  any  evidence  and  information 
which  might  help  the  discovery  and  punishment  of  such  collusion. 

The  High  Contracting  Parties  will  facilitate  as  much  as  possible  postal 
and  telegraphic  communication  at  the  expense  of  the  parties  concerned  and 
through  the  intervention  of  the  Clearing  Offices  between  debtors  and 
creditors  desirous  of  coming  to  an  agreement  as  to  the  amount  of  their 
debt. 

The  Creditor  Clearing  Office  will  notify  the  Debtor  Clearing  Office  of 
all  debts  declared  to  it.  The  Debtor  Clearing  Office  will,  in  due  course, 
inform  the  Creditor  Clearing  Office  which  debts  are  admitted  and  which 
debts  are  contested.  In  the  latter  case,  the  Debtor  Clearing  Office  will 
give  the  grounds  for  the  non-admission  of  debt. 

6.  When  a  debt  has  been  admitted,  in  whole  or  in  part,  the  Debtor  Clearing 
Office   will   at   once   credit   the    Creditor   Clearing  Office   with   the   amount 
admitted,  and  at  the  same  time  notify  it  of  such  credit. 

7.  The  debt  shall  be  deemed  to  be  admitted  in  full  and  shall  be  credited 
forthwith  to  the  Creditor  Clearing  Office  unless  within  three  months  from 
the  receipt  of  the  notification  or  such  longer  time  as  may  be  agreed  to  by 
the  Creditor  Clearing  Office  notice  has  been  given  by  the  Debtor  Clearing 
Office  that  it  is  not  admitted. 

8.  When  the  whole  or  part  of  a  debt  is  not  admitted  the  two  Clearing 
Offices  will  examine  into  the  matter  jointly  and  will  endeavour  to  bring  the 
parties  to  an  agreement. 

9.  The   Creditor   Clearing   Office   will   pay   to   the   individual   creditor   the 


594  INTERNATIONAL   RELATIONS 

sums  credited  to  it  out  of  the  funds  placed  at  its  disposal  by  the  Govern- 
ment of  its  country  and  in  accordance  with  the  conditions  fixed  by  the  said 
Government,  retaining  any  sums  considered  necessary  to  cover  risks,  ex- 
penses or  commissions. 

10.  Any  person  having  claimed  payment  of  an  enemy  debt  which  is  not 
admitted  in  whole  or  in  part  shall  pay  to  the  clearing  office,  by  way  of  fine, 
interest  at  5  per  cent,  on  the  part  not  admitted.    Any  person  having  unduly 
refused  to  admit  the  whole  or  part  of  a  debt  claimed  from  him  shall  pay, 
by  way  of  fine,  interest  at  5  per  cent,  on  the  amount  with  regard  to  which 
his  refusal  shall  be  disallowed. 

Such  interest  shall  run  from  the  date  of  expiration  of  the  period  pro- 
vided for  in  paragraph  7  until  the  date  on  which  the  claim  shall  have  been 
disallowed  or  the  debt  paid. 

Each  Clearing  Office  shall  in  so  far  as  it  is  concerned  take  steps  to  collect 
the  fines  above  provided  for,  and  will  be  responsible  if  such  fines  cannot  be 
collected. 

The  fines  will  be  credited  to  the  other  Clearing  Office,  which  shall  retain 
them  as  a  contribution  towards  the  cost  of  carrying  out  the  present  pro- 
visions. 

11.  The  balance  between  the  Clearing  Offices  shall  be  struck  monthly  and 
the  credit  balance  paid  in  cash  by  the  debtor  State  within  a  week. 

Nevertheless,  any  credit  balances  which  may  be  due  by  one  or  more  of 
the  Allied  and  Associated  Powers  shall  be  retained  until  complete  payment 
shall  have  been  effected  of  the  sums  due  to  the  Allied  or  Associated  Powers 
or  their  nationals  on  account  of  the  war. 

12.  To    facilitate   discussion   between   the   Clearing   Offices   each   of   them 
shall  have  a  representative  at  the  place  where  the  other  is  established. 

13.  Except  for  special  reasons  all  discussions  in  regard  to  claims  will,  so 
far  as  possible,  take  place  at  the  Debtor  Clearing  Office. 

14.  In  conformity  with  Article  296,  paragraph   (&),  the  High  Contracting 
Parties  are  responsible  for  the  payment  of  the  enemy  debts  owing  by  their 
nationals. 

The  Debtor  Clearing  Office  will  therefore  credit  the  Creditor  Clearing 
Office  with  all  debts  admitted,  even  in  case  of  inability  to  collect  them  from 
the  individual  debtor.  The  Governments  concerned  will,  nevertheless,  invest 
their  respective  Clearing  Offices  with  all  necessary  powers  for  the  recovery 
of  debts  which  have  been  admitted. 

As  an  exception,  the  admitted  debts  owing  by  persons  having  suffered 
injury  from  acts  of  war  shall  only  be  credited  to  the  Creditor  Clearing 
Office  when  the  compensation  due  to  the  person  concerned  in  respect  of 
such  injury  shall  have  been  paid. 

15.  Each  Government  will  defray  the  expenses  of  the  Clearing  Office  set 
up  in  its  territory,  including  the  salaries  of  the  staff. 

16.  Where  the  two  Clearing  Offices  are  unable  to  agree  whether  a  debt 
claimed  is  due,  or  in  case  of  a  difference  between  an  enemy  debtor  and  an 


TREATY   OF   PEACE  595 

enemy  creditor  or  between  the  Clearing  Offices,  the  dispute  shall  either  be 
referred  to  arbitration  if  the  parties  so  agree  under  conditions  fixed  by  agree- 
ment between  them,  or  referred  to  the  Mixed  Arbitral  Tribunal  provided 
for  in  Section  VI  hereafter. 

At  the  request  of  the  Creditor  Clearing  Office  the  dispute  may,  however, 
be  submitted  to  the  jurisdiction  of  the  Courts  of  the  place  of  domicile  of  the 
debtor. 

17.  Recovery  of  sums  found  by  the  Mixed  Arbitral  Tribunal  the  Court,  or 
the  Arbitration  Tribunal  to  be  due  shall  be  effected  through  the  Clearing 
Offices  as  if  these  sums  were  debts  admitted  by  the  Debtor  Clearing  Office. 

18.  Each  of  the  Governments  concerned  shall  appoint  an  agent  who  will 
be  responsible  for  the  presentation  to  the  Mixed  Arbitral  Tribunal  of  the 
cases  conducted  on  behalf  of  its  Clearing  Office.     This  agent  will  exercise 
a    general    control    o-ver    the    representatives    or    counsel    employed    by    its 
nationals. 

Decisions  will  be  arrived  at  on  documentary  evidence,  but  it  will  be  open 
to  the  Tribunal  to  hear  the  parties  in  person,  or  according  to  their  preference 
by  their  representatives  approved  by  the  two  Go-vernments,  or  by  the  agent 
referred  to  above,  who  shall  be  competent  to  intervene  along  with  the 
party  or  to  re-open  and  maintain  a  claim  abandoned  by  the  same. 

19.  The  Clearing  Offices  concerned  will  lay  before  the  Mixed  Arbitral 
Tribunal  all  the  information  and   documents   in  their  possession,  so  as  to 
enable    the    Tribunal   to    decide    rapidly    on    the   cases   which    are   brought 
before  it. 

20.  Where  one  of  the  parties  concerned  appeals  against  the  joint  decision 
of  the  two  Clearing  Offices  he  shall  make  a  deposit  against  the  costs,  which 
deposit  shall  only  be  refunded  when  the  first  judgment  is  modified  in  favour 
of  the  appellant  and  in  proportion  to  the  success  he  may  attain,  his  opponent 
in  case  of  such  a  refund  being  required  to  pay  an  equivalent  proportion  of 
the  costs  and  expenses.     Security  accepted  by  the  Tribunal  may  be  substi- 
tuted for  a  deposit. 

A  fee  of  5  per  cent,  of  the  amount  in  dispute  shall  be  charged  in  respect 
of  all  cases  brought  before  the  Tribunal.  This  fee  shall,  unless  the  Tribunal 
directs  otherwise,  be  borne  by  the  unsuccessful  party.  Such  fee  shall  be 
added  to  the  deposit  referred  to.  It  is  also  independent  of  the  security. 

The  Tribunal  may  award  to  one  of  the  parties  a  sum  in  respect  of  the 
expenses  of  the  proceedings. 

Any  sum  payable  under  this  paragraph  shall  be  credited  to  the  Clearing 
Office  of  the  successful  party  as  a  separate  item. 

21.  With  a  view  to  the  rapid  settlement  of  claims,  due  regard  shall  be  paid 
in  the  appointment  of  all  persons  connected  with  the  Clearing  Offices  or  with 
the   Mixed   Arbitral   Tribunal   to  their  knowledge  of   the  language   of  the 
other  country  concerned. 

Each  of  the  Clearing  Offices  will  be  at  liberty  to  correspond  with  the  other 
and  to  forward  documents  in  its  own  language. 


596  INTERNATIONAL   RELATIONS 

22.  Subject  to  any  special  agreement  to  the  contrary  between  the  Govern- 
ments concerned,  debts  shall  carry  interest  in  accordance  with  the  following 
provisions : 

Interest  shall  not  be  payable  on  sums  of  money  due  by  way  of  dividend;, 
interest  or  other  periodical  payments  which  themselves  represent  interest  on 
capital. 

The  rate  of  interest  shall  be  5  per  cent,  per  annum  except  in  cases  where, 
by  contract,  law  or  custom,  the  creditor  is  entitled  to  payment  of  interest  at 
a  different  rate.  In  such  cases  the  rate  to  which  he  is  entitled  shall  prevail. 

Interest  shall  run  from  the  date  of  commencement  of  hostilities  (or,  if  the 
sum  of  money  to  be  recovered  fell  due  during  the  war,  from  the  date  at  which 
it  fell  due)  until  the  sum  is  credited  to  the  Clearing  Office  of  the  creditor. 

Sums  due  by  way  of  interest  shall  be  treated  as  debts  admitted  by  the 
Clearing  Offices  and  shall  be  credited  to  the  Creditor  Clearing  Office  in  the 
same  way  as  such  debts. 

23.  Where  by  decision  of  the  Clearing  Offices  or  the  Mixed  Arbitral  Tribunal 
a  claim  is  held  not  to  fall  within  Article  296,  the  creditor  shall  be  at  liberty  to 
prosecute  the  claint  before  the  Courts  or  to  take  such  other  proceedings  as 
may  be  open  to  him. 

The  presentation  of  a  claim  to  the  Clearing  Office  suspends  the  operation 
of  any  period  of  prescription. 

24.  The  High  Contracting  Parties  agree  to  regard  the  decisions  of  the  Mixed 
Arbitral  Tribunal  as  final  and  couclusive  and  to  render  them  binding  upon 
their  nationals. 

25  In  any  case  where  a  Creditor  Clearing  Office  declines  to  notify  a  claim  to 
the  Debtor  Clearing  Office,  or  to  take  any  step  provided  for  in  this  Annex, 
intended  to  make  effective  in  whole  or  in  part  a  request  of  which  it  has 
received  due  notice,  the  enemy  creditor  shall  be  entitled  to  receive  from  the 
Clearing  Office  a  certificate  setting  out  the  amount  of  the  claim,  and  shall 
then  be  entitled  to  prosecute  the  claim  before  the  courts  or  to  take  such  other 
proceedings  as  may  be  open  to  him. 


SECTION  IV. 

PROPERTY,  RIGHTS  AND  INTERESTS. 
*  ARTICLE  297. 

The  question  of  private  property,  rights  and  interests  in  an  enemy  country 
shall  be  settled  according  to  the  principles  laid  down  in  this  Section  and  to 
the  provisions  of  the  Annex  hereto. 

(a)  The  exceptional  war  measures  and  measures  of  transfer  (defined  in 
paragraph  3  of  the  Annex  hereto)  taken  by  Germany  with  respect  to  the 
property,  rights  and  interests  of  nationals  of  Allied  or  Associated  Powers, 
including  companies  and  associations  in  which  they  are  interested,  when 
liquidation  has  not  been  completed,  shall  be  immediately  discontinued  or 


TREATY   OF   PEACE  597 

stayed  and  the  property,  rights  and  interests  concerned  restored  to  their 
owners,  who  shall  enjoy  full  rights  therein  in  accordance  with  the  provisions 
of  Article  298. 

(b)  Subject  to  any  contrary  stipulations  which  may  be  provided  for  in  the 
present  Treaty,  the  Allied  and  Associated  Powers  reserve  the  right  to  retain 
and  liquidate  all  property,  rights  and  interests  belonging  at  the  date  of  the 
coming  into  force  of  the  present  Treaty  to  German  nationals,  or  companies 
controlled    by    them,    within    their    territories,    colonies,    possessions     and 
protectorates,  including  territories  ceded  to  them  by  the  present  Treaty. 

The  liquidation  shall  be  carried  out  in  accordance  with  the  laws  of  the 
Allied  or  Associated  State  concerned,  and  the  German  owner  shall  not  be 
able  to  dispose  of  such  property,  rights  or  irtterests  nor  to  subject  them  to 
any  charge  without  the  consent  of  that  State. 

German  nationals  who  acquire  ipso  facto  the  nationality  of  an  Allied  or 
Associated  Power  in  accordance  with  the  provisions  of  the  present  Treaty 
will  not  be  considered  as  German  nationals  within  the  meaning  of  this  para- 
graph. 

(c)  The  price  or  the  amount  of  compensation  in  respect  of  the  exercise  of 
the  right  referred  to  in  the  preceding  paragraph  (b)  will  be  fixed  in  accord- 
ance with  the  methods  of   sale  or  valuation  adopted  by  the  laws   of  the 
country  in  which  the  property  has  been  retained  or  liquidated, 

(d)  As  between  the  Allied  and  Associated  Powers  or  their  nationals  on  the 
one  hand  and  Germany  or  her  nationals  on  the  other  hand,  all  the  excep- 
tional war  measures,  or  measures  of  transfer,  or  acts  done  or  to  be  done  in 
execution  of  such  measures  as  defined  in  paragraphs  i  and  3  of  the  Annex 
hereto*  shall  be  considered  as  final  and  binding  upon  all  persons  except  as 
regards  the  reservations  laid  down  in  the  present  Treaty. 

(e)  The  nationals  of  Allied  and  Associated  Powers  shall  be  entitled  to 
compensation  in  respect  of  damage  or  injury  inflicted  upon  their  property, 
rights  or  interests,  including  any  company  or  association  in  which  they  are 
interested,   in   German   territory  as   it   existed   on   August   i,    1914,   by   the 
application  either  of  the  exceptional  war  measures  or  measures  of  transfer 
mentioned  in  paragraphs  i  and  3  of  the  Annex  hereto.    The  claims  made 
in  this  respect  by  such  nationals  shall  be  investigated,  and  the  total  of  the 
compensation  shall  be  determined  by  the  Mixed  Arbitral  Tribunal  provided 
for  in   Section  VI  or  by  an  Arbitrator  appointed  by  that  Tribunal.    This 
compensation  shall  be  borne  by  Germany,   and  may  be  charged  upon  the 
property  of  German  nationals  within  the  territory  or  under  the  control  of  the 
claimant's  State.    This  property  may  be  constituted  as  a  pledge  for  enemy 
liabilities  under  the  conditions  fixed  by  paragraph  4  of  the  Annex  hereto 
The  payment  of  this  compensation  may  be  made  by  the  Allied  or  Associated 
State,  and  the  amount  will  be  debited  to  Germany. 

(/)  Whenever  a  national  of  an  Allied  or  Associated  -Power  is  entitled  to 
property  which  has  been  subjected  to  a  measure  of  transfer  in  German 
territory  and  expresses  a  desire  for  its  restitution,  his  claim  for  compensa- 
tion in  accordance  with  paragraph  (e)  shall  be  satisfied  by  the  restitution 
of  the  said  property  if  it  still  exists  in  specie. 


598  INTERNATIONAL   RELATIONS 

In  such  case  Germany  shall  take  all  necessary  steps  to  restore  the  evicted 
owner  to  the  possession  of  his  property,  free  from  all  encumbrances  or 
burdens  with  which  it  may  have  been  charged  after  the  liquidation,  and  to 
indemnify  all  third  parties  injured  by  the  restitution. 

If  the  restitution  provided  for  in  this  paragraph  cannot  be  effected,  private 
agreements  arranged  by  the  intermediation  of  the  Powers  concerned  or  the 
Clearing  Offices  provided  for  in  the  Annex  to  Section  III  may  be  made,  in 
order  to  secure  that  the  national  of  the  Allied  or  Associated  Power  may 
secure  compensation  for  the  injury  referred  to  in  paragraph  (?)  by  the  grant 
of  advantages  or  equivalents  which  he  agrees  to  accept  in  place  of  the 
property,  rights  or  interests  of  which  he  was  deprived. 

Through  restitution  in  acco!«dance  with  this  Article,  the  price  or  the  amount 
of  compensation  fixed  by  the  application  of  paragraph  (?)  will  be  reduced 
by  the  actual  value  of  the  property  restored,  account  being  taken  of  com- 
pensation in  respect  of  loss  of  use  or  deterioration. 

(p)  The  rights  conferred  by  paragraph  (/)  are  reserved  to  owners  who 
are  nationals  of  Allied  or  Associated  Powers  within  whose  territory  legis- 
lative measures  prescribing  the  general  liquidation  of  enemy  property,  rights 
or  interests  were  not  applied  before  the  signature  of  the  Armistice. 

(/i)  Except  in  cases  where,  by  application  of  paragraph  (/),  restitutions 
in  specie  have  been  made,  the  net  proceeds  of  sales  of  enemy  property,  rights 
or  interests  wherever  situated  carried  out  either  by  virtue  of  war  legislation, 
or  by  application  of  this  Article,  and  in  general  all  cash  assets  of  enemies, 
shall  be  dealt  with  as  follows : 

(1)  As  regards  Powers  adopting  Section  III  and  the  Annex  thereto,  the 
said  proceeds  and  cash  assets  shall  be  credited  to  the  Power  of  which  the 
owner  is  a  national,  through  the  Clearing  Office  established  thereunder;  any 
credit  balance  in  favour  of  Germany  resulting  therefrom  shall  be  dealt  with 
as  provided  in  Article  243. 

(2)  As  regards  Powers  not  adopting  Section  III  and  the  Annex  thereto, 
the  proceeds  of  the  property,  rights  and  interests,  and  the  cash  assets,  of 
the  nationals  of  Allied   or  Associated   Powers  held   by  Germany   shall  be 
paid  immediately  to  the  person  entitled  thereto  or  to  his  Government;  the 
proceeds  of  the  property,  rights  and  interests,  and  the  cash  assets,  of  Ger- 
man nationals  received  by  an  Allied  or  Associated  Power  shall  be  subject 
to   disposal   by   such   Power  in   accordance   with   its   laws   and   regulations 
and  may  be  applied  in  payment  of  the  claims  and  debts  defined  by  this  Article 
or  paragraph  4  of  the  Annex  hereto.    Any  property,  rights  and  interests  or 
proceeds  thereof  or  cash  assets  not  used  as  above  provided  may  be  retained 
by  the   said   Allied    or   Associated    Power  and   if   retained   the   cash   value 
thereof  shall  be  dealt  with  as  provided  in  Article  243. 

In  case  of  liquidations  effected  in  new  States,  which  are  signatories  of 
the  present  Treaty  as  Allied  and  Associated  Powers,  or  in  States  which  are 
not  entitled  to  share  in  the  Reparation  payments  to  be  made  by  Germany, 
the  proceeds  of  liquidations  effected  by  such  States  shall,  subject  to  the 
rights  of  the  Reparation  Commission  under  the  present  Treaty,  particularly 


TREATY   OF   PEACE  599 

under  Articles  235  and  260,  be  paid  direct  to  the  owner.  If  on  the  applica- 
tion of  that  owner,  the  Mixed  Arbitral  Tribunal,  provided  for  by  Section  VI 
of  this  -Part,  or  an  arbitrator  appointed  by  that  Tribunal,  is  satisfied  that 
the  conditions  of  the  sale  or  measures  taken  by  the  Government  of  the  State 
in  question  outside  its  general  legislation  were  unfairly  prejudicial  to  the 
price  obtained,  they  shall  have  discretion  to  award  to  the  owner  equitable 
compensation  to  be  paid  by  that  State. 

(*)  Germany  undertakes  to  compensate  her  nationals  in  respect  of  the 
sale  or  retention  of  their  property,  rights  or  interests  in  Allied  or  Associated 
States. 

(/)  The  amount  of  all  taxes  and  imposts  upon  capital  levied  or  to  be  levied 
by  Germany  on  the  property,  rights  and  interests  of  the  nationals  of  the 
Allied  or  Associated  Powers  from  November  n,  1918,  until  three  months 
from  the  coming  into  force  of  the  present  Treaty,  or,  in  the  case  of  property, 
rights  or  interests  which  have  been  subjected  to  exceptional  measures  of  war, 
until  restitution  in  accordance  with  the  present  Treaty,  shall  be  restored 
to  the  owners. 

ARTICM;  298. 

Germany  undertakes,  with  regard  to  the  property,  rights  and  interests, 
including  companies  and  associations  in  which  they  were  interested,  restored 
to  nationals  of  Allied  and  Associated  Powers  in  accordance  with  the  pro- 
visions of  Article  297,  paragraph  (a)  or  (/)  : 

(a)  to  restore  and  maintain,  except  as  expressly  provided  in  the  present 
Treaty,  the  property,  rights  and  interests  of  the  nationals  of  Allied  or  Asso- 
ciated Powers  in  the  legal  position  obtaining  in  respect  of  the  property, 
rights  and  interests  of  German  nationals  under  the  laws  in  force  before 
the  war; 

(fc)  not  to  subject  the  property,  rights  or  interests  of  the  nationals  of  the 
Allied  or  Associated  Powers  to  any  measures  in  derogation  of  property 
rights  which  are  not  applied  equally  to  the  property,  rights  and  interests  of 
German  nationals,  and  to  pay  adequate  compensation  in  the  event  of  the 
application  of  these  measures. 

ANNEX. 

i.  In  accordance  with  the  provisions  of  Article  297,  paragraph  (d),  the 
validity  of  vesting  orders  and  of  orders  for  the  winding  up  of  businesses  or 
companies,  and  of  any  other  orders,  directions,  decisions  or  instructions  of 
any  court  or  any  department  of  the  Government  of  any  of  the  High  Con- 
tracting Parties  made  or  given,  or  purporting  to  be  made  or  given,  in  pursu- 
ance of  war  legislation  with  regard  to  enemy  property,  rights  and  interests 
is  confirmed.  The  interests  of  all  persons  shall  be  regarded  as  having  been 
effectively  dealt  with  by  any  order,  direction,  decision  or  instruction  dealing 
with  property  in  which  they  may  be  interested,  whether  or  not  such  interests 
are  specifically  mentioned  in  the  order,  direction,  decision,  or  instruction. 


6oo  INTERNATIONAL   RELATIONS 

No  question  shall  be  raised  as  to  the  regularity  of  a  transfer  of  any  property, 
rights  or  interests  dealt  with  in  pursuance  of  any  such  order,  direction,  deci- 
sion or  instruction.  Every  action  taken  with  regard  to  any  property,  business, 
or  company,  whether  as  regards  its  investigation,  sequestration,  compulsory 
administration,  use,  requisition,  supervision,  or  winding  up,  the  sale  or  man- 
agement of  property,  rights  or  interests,  the  collection  or  discharge  of  debts, 
the  payment  of  costs,  charges  or  expenses,  or  any  other  matter  whatsoever,  in 
pursuance  of  orders,  directions,  decisions,  or  instructions  of  any  court  or  of 
any  department  of  the  Government  of  any  of  the  High  Contracting  Parties, 
made  or  given,  or  purporting  to  be  made  or  given,  in  pursuance  of  war  legis- 
lation with  regard  to  enemy  property,  rights  or  interests,  is  confirmed.  Pro- 
vided that  the  provisions  of  this  paragraph  shall  not  be  held  to  prejudice 
the  titles  to  property,  heretofore  acquired  in  good  faith  and  for  value  and  in 
accordance  with  the  laws  of  the  country  in  which  the  property  is  situated 
by  nationals  of  the  Allied  and  Associated  Powers. 

The  provisions  of  this  paragraph  do  not  apply  to  such  of  the  above-men- 
tioned measures  as  have  been  taken  by  the  German  authorities  in  invaded 
or  occupied  territory,  nor  to  such  of  the  above-mentioned  measures  as  have 
been  taken  by  Germany  or  the  German  authorities  since  November  n,  1918, 
all  of  which  shall  be  void. 

2.  No  claim  or  action  shall  be  made  or  brought  against  any  Allied  or  Asso- 
ciated Power  or  against  any  person  acting  on  behalf  of  or  under  the  direction 
of  any  legal  authority  or  Department  of  the  Government  of  such  a  Power  by 
Germany  or  by  any  German  national  wherever  resident  in  respect  of  any  act 
or  omission  with  regard  to  his  property,  rights  or  interests  during  the  war 
or  in  preparation  for  the  war.     Similarly  no  claim  or  action  shall  be  made 
or  brought  against  any  person  in  respect  of  any  act  or  omission  under  or  in 
accordance  with  the  exceptional  war  measures,  laws  or  regulations  of  any 
Allied  or  Associated  Power. 

3.  In  Article  297  and  this  Annex  the  expression  "exceptional  war  meas- 
ures" includes  measures  of  all  kinds,  legislative,  administrative,  judicial  or 
others,  that  have  been  taken  or  will  be  taken  hereafter  with  regard  to  enemy 
property,  and  which  have  had  or  will  have  the  effect  of  removing  from  the 
proprietors   the  power   of    disposition   over  their  property,   though   without 
affecting  the   ownership,    such   as   measures    of   supervision,   of   compulsory 
administration,  and  of  sequestration;  or  measures  which  have  had  or  will 
have  as  an  object  the  seizure  of,  the  use  of,  or  the  interference  with  enemy 
assets,  for  whatsoever  motive,  under  whatsoever  form  or  in  whatsoever  place. 
Acts  in  the  execution  of  these  measures  include  all  detentions,  instructions, 
orders  or  decrees  of  Government  departments  or  courts  applying  these  meas- 
ures to  enemy  property,  as  well  as  acts  performed  by  any  person  connected 
with  the  administration  or  the  supervision  of  enemy  property,  such  as  the 
payment  of  debts,  the  collecting  of  credits,  the  payment  of  any  costs,  charges 
or  expenses,  or  the  collecting  of  fees. 

Measures  of  transfer  are  those  which  have  affected  or  will  affect  the 
ownership  of  enemy  property  by  transferring  it  in  whole  or  in  part  to  a 


TREATY   OF   PEACE  601 

person  other  than  the  enemy  owner,  and  without  his  consent,  such  as  meas- 
ures directing  the  sale,  liquidation,  or  devolution  of  ownership  in  enemy 
property,  or  the  cancelling  of  titles  or  securities. 

4.  All  property,  rights  and  interests  of  German  nationals  within  the  terri- 
tory of  any  Allied  or  Associated  Power  and  the  net  proceeds  of  their  sale, 
liquidation   or   other   dealing  therewith  may  be  charged  by  that  Allied   or 
Associated  Power  in  the  first  place  with  payment  of  amounts  due  in  respect 
of  claims  by  the  nationals  of  that  Allied  or  Associated  Power  with  regard 
to  their  property,  rights  and  interests,  including  companies  and  associations 
in  which  they  are  interested,  in  German  territory,  or  debts  owing  to  them  by 
German  nationals,  and  with  payment  of  claims  growing  out  of  acts  com- 
mitted by  the  German  Government  or  by  any  German  authorities  since  July 
31,  1914,  and  before  that  Allied  or  Associated  Power  entered  into  the  war. 
The  amount  of  such  claims  may  be  assessed  by  an  arbitrator  appointed  by 
Mr.  Gustave  Ador,  if  he  is  willing,  or  if  no  such  appointment  is  made  by 
him,  by  an  arbitrator  appointed  by  the  Mixed  Arbitral  Tribunal  provided 
for  in  Section  VI.    They  may  be  charged  in  the  second  place  with  payment 
of  the  amounts  due  in  respect  of  claims  by  the  nationals  of  such  Allied  or 
Associated  Power  with  regard  to  their  property,  rights  and  interests  in  the 
territory  of  other  enemy  Powers,  in  so  far  as  those  claims  are  otherwise 
unsatisfied. 

5.  Notwithstanding  the  provisions  of  Article  297,  where  immediately  before 
the  outbreak  of  war  a  company  incorporated  in  an  Allied  or  Associated  State 
had  rights  in  common  with  a  company  controlled  by  it  and  incorporated  in 
Germany  to  the  use  of  trade-marks  in  third  countries,  or  enjoyed  the  use 
in  common  with  such  company  of  unique  means  of  reproduction  of  goods  or 
articles  for  sale  in  third  countries,  the  former  company  shall  alone  have  the 
right  to  use  these  trade-marks  in  third  countries  to  the  exclusion  of  the 
German  company,  and  these  unique  means  of  reproduction  shall  be  handed 
over  to  the  former  company,  notwithstanding  any  action  taken  under  German 
war  legislation  with  regard  to  the  latter  company  or  its  business,  industrial 
property  or  shares.     Nevertheless,  the   former  company,  if  requested,  shall 
deliver  the  latter  company  derivative  copies  permitting  the  continuation  of 
reproduction  of  articles  for  use  within  German  territory. 

6.  Up   to   the   time   when   restitution   is   carried   out   in   accordance    with 
Article  297,  Germany  is  responsible  for  the  conservation  of  property,  rights 
and  interests  of  the  nationals   of   Allied   or  Associated   Powers,   including 
companies   and   associations   in   which   they   are   interested,   that  have  been 
subjected  by  her  to  exceptional  war  measures. 

7.  Within  one  year  from  the  coming  into  force  of  the  present  Treaty  the 
Allied  or  Associated  Powers  will  specify  the  property,  rights  and  interests 
over  which  they  intend  to  exercise  the  right  provided  in  Article  297,  para- 
graph   (/)• 

8.  The  restitution  provided  in  Article  297  will  be  carried  out  by  order  of 
the  German  Government  or  of  the  authorities  which  have  been  substituted 
for  it.    Detailed  accounts  of  the  action  of  administrators  shall  be  furnished 


602  INTERNATIONAL   RELATIONS 

to  the  interested  persons  by  the  German  authorities  upon  request,  which  may 
be  made  at  any  time  after  the  coming  into  force  of  the  present  Treaty. 

9.  Until  completion  of  the  liquidation  provided  for  by  Article  297,  paragraph 
(&),  the  property,  rights  and  interests  of  German  nationals  will  continue  to 
be  subject  to  exceptional  war  measures  that  have  been  or  will  be  taken  with 
regard  to  them. 

10.  Germany  will,  within  six  months  from  the  coming  into  force  of  the 
present  Treaty,  deliver  to  each  Allied  or  Associated   Power  all  securities, 
certificates,  deeds,  or  other  documents  of  title  held  by  its  nationals  and  relating 
to  property,  rights  or  interests  situated  in  the  territory  of  that  Allied  or 
Associated  Power,  including  any  shares,  stock,  debentures,  debenture  stock, 
or  other  obligations  of  any  company  incorporated  in  accordance  with  the 
laws  of  that  Power. 

Germany  will  at  any  time  on  demand  of  any  Allied  or  Associated  Power 
furnish  such  information  as  may  be  required  with  regard  to  the  property, 
rights  and  interests  of  German  nationals  within  the  territory  of  such  Allied 
or  Associated  Power,  or  with  regard  to  any  transactions  concerning  such 
property,  rights  or  interests  effected  since  July  i,  1914. 

n.  The  expression  "cash  assets"  includes  all  deposits  or  funds  established 
before  or  after  the  declaration  of  war,  as  well  as  all  assets  coming  from 
deposits,  revenues,  or  profits  collected  by  administrators,  sequestrators,  or 
others  from  funds  placed  on  deposit  or  otherwise,  but  does  not  include  sums 
belonging  to  the  Allied  or  Associated  Powers  or  to  their  component  States, 
Provinces,  or  Municipalities. 

12.  All  investments  wheresoever  effected  with  the  cash  assets  of  nationals 
of  the  High  Contracting  Parties,  including  companies  and  associations  in 
which  such  nationals  were  interested,  by  persons  responsible  for  the  adminis- 
tration of  enemy  properties  or  having  control  over  such  administration,  or  by 
order  of  such  persons  or  of  any  authority  whatsoever   shall  be  annulled. 
These  cash  assets  shall  be  accounted  for  irrespective  of  any  such  investment. 

13.  Within  one  month  from  the  coming  into  force  of  the  present  Treaty,  or 
on  demand  at  any  time,  Germany  will  deliver  to  the  Allied  and  Associated 
Powers  all  accounts,  vouchers,  records,  documents  and  information  of  any 
kind  which  may  be  within  German  territory,  and  which  concern  the  property, 
rights  and  interests  of  the  nationals  of  those  Powers,  including  companies 
and  associations  in  which  they  are  interested,  that  have  been  subjected  to  an 
exceptional  war  measure,   or  to   a  measure  of  transfer  either  in   German 
territory  or  in  territory  occupied  by  Germany  or  her  allies. 

The  controllers,  supervisors,  managers,  administrators,  sequestrators,  liqui- 
dators and  receivers  shall  be  personally  responsible  under  guarantee  of  the 
German  Government  for  the  immediate  delivery  in  full  of  these  accounts  and 
documents,  and  for  their  accuracy. 

14.  The  provisions  of  Article  297  and  this  Annex  relating  to  property,  rights 
and  interests  in  an  enemy  country,  and  the  proceeds  of  the  liquidation  thereof, 
apply  to  debts,  credits  and  accounts,  Section  III  regulating  only  the  method  of 
payment. 


TREATY   OF   PEACE  603 

In  the  settlement  of  matters  provided  for  in  Article  297  between  Germany 
and  the  Allied  or  Associated  States,  their  colonies  or  protectorates,  or  any 
one  of  the  British  Dominions  or  India,  in  respect  of  any  of  which  a  declara- 
tion shall  not  have  been  made  that  they  adopt  Section  III,  and  between  their 
respective  nationals,  the  provisions  of  Section  III  respecting  the  currency  in 
which  payment  is  to  be  made  and  the  rate  of  exchange  and  of  interest 
shall  apply  unless  the  Government  of  the  Allied  or  Associated  Power 
concerned  shall  within  six  months  of  the  coming  into  force  of  the  present 
Treaty  notify  Germany  that  the  said  provisions  are«not  to  be  applied. 

15.  The  provisions  of  Article  297  and  this  Annex  apply  to  industrial,  literary 
and  artistic  property  which  has  been  or  will  be  dealt  with  in  the  liquidation 
of  property,  rights,  interests,  companies  or  business  under  war  legislation 
by  the  Allied  or  Associated  Powers,  or  in  accordance  with  the  stipulations 
of  Article  297,  paragraph  (&). 

SECTION  V. 

CONTRACTS,  PRESCRIPTIONS,  JUDGMENTS. 
ARTICLE  299. 

(a)  Any  contract  concluded  between  enemies  shall  be  regarded  as  having 
been  dissolved  as  from  the  time  when  any  two  of  the  parties  became  enemies, 
except  in  respect  of  any  debt  or  other  pecuniary  obligation  arising  out  of  any 
act  done  or  money  paid  thereunder,  and  subject  to  the  exceptions  and  special 
rules  with  regard  to  particular  contracts  or  classes  of  contracts  contained 
herein  or  in  the  Annex  hereto. 

(fc)  Any  contract  of  which  the  execution  shall  be  required  in  the  general 
interest,  within  six  months  from  the  date  of  the  coming  into  force  of  the 
present  Treaty,  by  the  Allied  or  Associated  Governments  of  which  one  of 
the  parties  is  a  national,  shall  be  excepted  from  dissolution  under  this  Article. 

When  the  execution  of  the  contract  thus  kept  alive  would,  owing  to  the 
alteration  of  trade  conditions,  cause  one  of  the  parties  substantial  prejudice 
the  Mixed  Arbitral  Tribunal  provided  for  by  Section  VI  shall  be  em- 
powered to  grant  to  the  prejudiced  party  equitable  compensation. 

(c)  Having  regard  to  the  provisions  of  the  constitution  and  law  of  the 
United   States   of   America,   of   Brazil,   and  of  Japan,   neither  the  present 
Article,  nor  Article  300,  nor  the  Annex  hereto  shall  apply  to  contracts  made 
between  nationals  of  these  States  and  German  nationals;  nor  shall  Article 
305  apply  to  the  United  States  of  America  or  its  nationals. 

(d)  The  present  Article  and  the  annex  hereto  shall  not  apply  to  contracts 
the  parties  to  which  became  enemies  by  reason  of  one  of  them  being  an 
inhabitant   of   territory  of  which   the   sovereignty   has   been   transferred,   if 
such   party   shall   acquire   under  the   present   Treaty  the   nationality   of   an 
Allied    or   Associated    Power,    nor   shall    they    apply   to   contracts   between 
nationals  of  the  Allied  and  Associated  Powers  between  whom  trading  has 


604  INTERNATIONAL   RELATIONS 

been  prohibited  by  reason  of  one  of  the  parties  being  in  Allied  or  Associated 
territory  in  the  occupation  of  the  enemy. 

(e)  Nothing  in  the  present  Article  or  the  annex  hereto  shall  be  deemed 
to  invalidate  a  transaction  lawfully  carried  out  in  accordance  with  a  contract 
between  enemies  if  it  has  been  carried  out  with  the  authority  of  one  of  the 
belligerent  Powers. 

ARTICLE  300. 

(a)  All  periods  of  prescription,  or  limitation  of  right  of  action,  whether 
they  began  to  run  before  or  after  the  outbreak  of  war,  shall  be  treated  in 
the  territory  of  the  High  Contracting  Parties,  so  far  as  regards  relations 
between  enemies,  as  having  been  suspended  for  the  duration  of  the  war. 
They  shall  begin  to  run  again  at  earliest  three  months  after  the  coming  into 
force  of  the  present  Treaty.  This  provision  shall  apply  to  the  period  pre- 
scribed for  the  presentation  of  interest  or  dividend  coupons  or  for  the 
presentation  for  repayment  of  securities  drawn  for  repayment  or  repayable 
on  any  other  ground. 

(&)  Where,  on  account  of  failure  to  perform  any  act  or  comply  with 
any  formality  during  the  war,  measures  of  execution  have  been  taken  in 
German  territory  to  the  prejudice  of  a  national  of  an  Allied  or  Associated 
Power,  the  claim  of  such  national  shall,  if  the  matter  does  not  fall  within  the 
competence  of  the  Courts  of  an  Allied  or  Associated  Power,  be  heard  by 
the  Mixed  Arbitral  Tribunal  provided  for  by  Section  VI. 

(f)  Upon  the  application  of  any  interested  person  who  is  a  national  of  an 
Allied   or  Associated   Power   the   Mixed   Arbitral   Tribunal    shall   order   the 
restoration  of  the  rights  which  have  been  prejudiced  by  the  measures   of 
execution    referred   to   in    paragraph    (fc),   wherever,   having    regard    to   the 
particular    circumstances    of    the    case,    such    restoration    is    equitable    and 
possible. 

If  such  restoration  is  inequitable  or  impossible  the  Mixed  Arbitral  Tri- 
bunal may  grant  compensation  to  the  prejudiced  party  to  be  paid  by  the 
German  Government. 

(d)  Where    a    contract    between    enemies    has    been    dissolved    by    reason 
either  of  failure  on  the  part  of  either  party  to  carry  out  its  provisions  or  of 
the  exercise  of  a  right  stipulated  in  the  contract  itself  the  party  prejudiced 
may  apply  to  the  Mixed  Arbitral  Tribunal  for  relief.     The  Tribunal  will  have 
the  powers  provided  for  in  paragraph  (c). 

(e)  The  provisions  of  the  preceding  paragraphs  of  this  Article  shall  apply 
to  the  nationals  of  Allied  and  Associated  Powers  who  have  been  prejudiced 
by  reason  of  measures  referred  to  above  taken  by  Germany  in  invaded  or 
occupied  territory,  if  they  have  not  been  otherwise  compensated. 

(/)  Germany  shall  compensate  any  third  party  who  may  be  prejudiced 
by  any  restitution  or  restoration  ordered  by  the  Mixed  Arbitral  Tribunal 
under  the  provisions  of  the  preceding  paragraphs  of  this  Article. 

(<?)  As  regards  negotiable  instruments,  the  period  of  three  months  pro- 
vided under  paragraph  (a)  shall  commence  as  from  the  date  on  which  any 


TREATY   OF   PEACE  605 

exceptional  regulations  applied  in  the  territories  of  the  interested  Power 
with  regard  to  negotiable  instruments  shall  have  definitely  ceased  to  have 
force. 

ARTICLE  301. 

As  between  enemies  no  negotiable  instrument  made  before  the  war  shall 
be  deemed  to  have  become  invalid  by  reason  only  of  failure  within  the 
required  time  to  present  the  instrument  for  acceptance  or  payment  or  to 
give  notice  of  non-acceptance  or  non-payment  to  drawers  or  indorsers  or  to 
protest  the  instrument,  nor  by  reason  of  failure  to  complete  any  formality 
during  the  war. 

Where  the  period  within  which  a  negotiable  instrument  should  have  been 
presented  for  acceptance  or  for  payment,  or  within  which  notice  of  non- 
acceptance  or  non-payment  should  have  been  given  to  drawer  or  indorser, 
or  within  which  the  instrument  should  have  been  protested,  has  elapsed 
during  the  war,  and  the  party  who  should  have  presented  or  protested  the 
instrument  or  have  given  notice  of  non-acceptance  or  non-payment  has 
failed  to  do  so  during  the  war,  a  period  of  not  less  than  three  months  from 
the  coming  into  force  of  the  present  Treaty  shall  be  allowed  within  which 
presentation,  notice  of  non-acceptance  or  non-payment  or  protest  may  be 
made. 

ARTICLE  302. 

Judgements  given  by  the  Courts  of  an  Allied  or  Associated  Power  in  all 
cases  which,  under  the  present  Treaty,  they  are  competent  to  decide,  shall 
be  recognised  in  Germany  as  final,  and  shall  be  enforced  without  it  being 
necessary  to  have  them  declared  executory. 

If  a  judgment  in  respect  to  any  dispute  which  may  have  arisen  has  been 
given  during  the  war  by  a  German  Court  against  a  national  of  an  Allied  or 
Associated  State  in  a  case  in  which  he  was  not  able  to  make  his  defence,  the 
Allied  and  Associated  national  who  has  suffered  prejudice  thereby  shall  be 
entitled  to  recover  compensation,  to  be  fixed  by  the  Mixed  Arbitral  Tribunal 
provided  for  in  Section  VI. 

At  the  instance  of  the  national  of  the  Allied  or  Associated  Power  the 
compensation  above-mentioned  may,  upon  order  to  that  effect  of  the  Mixed 
Arbitral  Tribunal,  be  effected  where  it  is  possible  by  replacing  the  parties  in 
the  situation  which  they  occupied  before  the  judgment  was  given  by  the 
German  Court. 

The  above  compensation  may  likewise  be  obtained  before  the  Mixed 
Arbitral  Tribunal  by  the  nationals  of  Allied  or  Associated  Powers  who 
have  suffered  prejudice  by  judicial  measures  taken  in  invaded  or  occupied 
territories,  if  they  have  not  been  otherwise  compensated. 

ARTICLE  303. 

For  the  purpose  of  Sections  III,  IV,  V  and  VII,  the  expression  "during 
the  war"  means  for  each  Allied  or  Associated  Power  the  period  between  the 


606  INTERNATIONAL   RELATIONS 

commencement  of  the  state  of  war  between  that  Power  and  Germany  and 
the  coming  into  force  of  the  present  Treaty. 

ANNEX. 
I.  General  Provisions. 

1.  Within  the  meaning  of  Articles  299,  300  and  301,  the  parties  to  a  con- 
tract shall  be  regarded  as  enemies   when  trading  between  them  shall  have 
been  prohibited    by   or   otherwise   became   unlawful   under   laws,    orders   or 
regulations    to    which    one    of    those    parties    was    subject.      They    shall    be 
deemed;   to   have    become    enemies    from   the    date    when    such    trading   was 
prohibited  or  otherwise  became  unlawful. 

2.  The   following   classes   of   contracts   are   excepted    from   dissolution   by 
Article  299  and,  without  prejudice  to  the  rights  contained  in  Article  297  (&) 
of  Section  IV,  remain  in  force  subject  to  the  application  of  domestic  laws, 
orders   or   regulations  made   during  the   war  by  the  Allied  and  Associated 
Powers  and  subject  to  the  terms  of  the  contracts : 

(a)  Contracts  having  for  their  object  the  transfer  of  estates  or  of  real 
or  personal  property  where  the  property  therein  had  passed  or  the  object 
had  been  delivered  before  the  parties  became  enemies ; 

(ft)   Leases  and  agreements  for  leases  of  land  and  houses; 

(c)  Contracts  of  mortgage,  pledge  or  lien ; 

(d)  Concessions  concerning  mines,  quarries  or  deposits ; 

(e)  Contracts    between    individuals    or    companies    and    States,    provinces, 
municipalities,  or  other  similar  juridical  person*  charged  with  administrative 
functions,   and   concessions   granted   by    States,   provinces,   municipalities,   or 
other  similar  juridical  persons  charged  with  administrative  functions. 

3.  If  the  provisions  of  a  contract  are  in  part  dissolved  under  Article  299, 
the  remaining  provisions  of  that  contract  shall,  subject  to  the  same  applica- 
tion of  domestic  laws  as  is  provided  for  in  paragraph  2,  continue  in  force 
if  they  are  severable,  but  where  they  are  not  severable  the  contract  shall  be 
demed  to  have  been  dissolved  in  its  entirety. 

II.  Provisions  relating  to  certain  classes  of  Contracts. 
Stock   Exchange   and    Commercial   Exchange    Contracts. 

4.  (a)  Rules  made  during  the  war  by  any  recognised  Exchange  or  Com- 
mercial  Association   providing    for    the    closure    of    contracts    entered    into 
before  the  war  by  an  enemy  are  confirmed  by  the  High  Contracting  Parties, 
as  also  any  action  taken  thereunder,  provided : 

(1)  That  the  contract  was  expressed  to  be  made  subject  to  the  rules  of 
the  Exchange  or  Association  in  question ; 

(2)  That  the  rules  applied  to  all  persons  concerned; 

(3)  That  the  conditions  attaching  to  the  closure  were  fair  and  reasonable. 


TREATY   OF   PEACE  607 

(b)  The  preceding  paragraph   shall  not  apply  to   rules  made   during  the 
ocupation  by  Exchanges  or  Commercial  Associations  in  the  districts  occupied 
by  the  enemy. 

(c)  The   closure   of    contracts    relating   to   cotton    "futures",   which    were 
closed  as  on  July  31,  1914,  under  the  decision  of  the  Liverpool  Cotton  Asso- 
ciation, is  also  confirmed. 

Security. 

5.  The  sale  of  a  security  held  for  an  unpaid  debt  owing  by  an  enemy  shall 
be  deemed  to  have  been  valid  irrespective  of  notice  to  the  owner  if   the 
creditor  acted  in  good  faith  and  with  reasonable  care  and  prudence,  and  no 
claim  by  the  debtor  on  the  ground  of  such  sale  shall  be  admitted. 

This  stipulation  shall  not  apply  to  any  sale  of  securities  effected  by  an 
enemy  during  the  occupation  in  regions  invaded  or  occupied  by  the  enemy. 

Negotiable  Instruments. 

6.  As  regards  Powers  which  adopt  Section  III  and  the  Annex  thereto  the 
pecuniary  obligations  existing  between  enemies  and  resulting  from  the  issue 
of  negotiable  instruments  shall  be  adjusted  in  conformity  with  the  said  Annex 
by  the  instrumentality  of  the  Clearing  Offices,  which  shall  assume  the  rights 
of  the  holder  as  regards  the  various  remedies  open  to  him. 

7.  If  a  person  has  either  before  or^ during  the  war  become  liable  upon  a 
negotiable  instrument  in  accordance  with  an  undertaking  given  to  him  by  a 
person  who  has  subsequently  become  an  enemy,  the  latter  shall  remain  liable 
to  indemnify  the  former  in  respect  of  his  liability  notwithstanding  the  out- 
break of  war. 

III.    Contracts  of  Insurance. 

8.  Contracts  of  insurance  entered  into  by  any  person  with  another  person 
who  subsequently  became  an  enemy  will  be  dealt  with  in  accordance  with  the 
following  paragraphs. 

Fire  Insurance. 

9.  Contracts  for  the  insurance  of  property  against  fire  entered  into  by  a 
person  interested  in  such  property  with  another  person  who  subsequently  be- 
came an  enemy  shall  not  be  deemed  to  have  been  dissolved  by  the  outbreak 
of  war,  or  by  the  fact  of  the  person  becoming  an  enemy,  or  on  account  of  the 
failure  during  the  war  and  for  a  period  of  three  months  thereafter  to  perform 
his  obligations  under  the  contract,  but  they  shall  be  dissolved  at  the  date 
when  the  annual  premium  becomes  payable  for  the  first  time  after  the  expira- 
tion of  a  period  of  three  months  after  the  coming  into  force  of  the  present 
Treaty. 

A  settlement  shall  be  effected  of  unpaid  premiums  which  became  due  during 
the  war,  or  of  claims  for  losses  which  occurred  during  the  war. 

10.  Where  by  administrative  or  legislative  action  an  insurance  against  fire 
effected  before  the  war  has  been  transferred  during  the  war  from  the  original 


608  INTERNATIONAL   RELATIONS 

to  another  insurer,  the  transfer  will  be  recognised  and  the  liability  of  the 
original  insurer  will- be  deemed  to  have  ceased  as  from  the  date  of  the 
transfer.  The  original  insurer  will,  however,  be  entitled  to  receive  on  demand 
full  information  as  to  the  terms  of  the  transfer,  and  if  it  should  appear  that 
these  terms  were  not  equitable  they  shall  be  amended  so  far  as  may  be 
necessary  to  render  them  equitable. 

Furthermore,  the  insured  shall,  subject  to  the  concurrence  of  the  original 
insurer,  be  entitled  to  retransfer  the  contract  to  the  original  insurer  as  from 
the  date  of  the  demand. 

Life  Insurance. 

11.  Contracts  of  life  insurance  entered  into  between  an  insurer  and  a  person 
who  subsequently  became  an  enemy  shall  not  be  deemed  to  have  been  dis- 
solved by  the  outbreak  of  war,  or  by  the  fact  of  the  person  becoming  an 
enemy. 

Any  sum  which  during  the  war  became  due  upon  a  contract  deemed  not 
to  have  been  dissolved  under  the  preceding  provision  shall  be  recoverable 
after  the  war  with  the  addition  of  interest  at  five  per  cent,  per  annum  from 
the  date  of  its  becoming  due  up  to  the  day  of  payment. 

Where  the  contract  has  lapsed  during  the  war  owing  to  non-payment  of 
premiums,  or  has  become  void  from  breach  of  the  conditions  of  the  contract, 
the  assured  or  his  representatives  or  tie  person  entitled  shall  have  the  right 
at  any  time  within  twelve  months  of  the  coming  into  force  of  the  present 
Treaty  to  claim  from  the  insurer  the  surrender  value  of  the  policy  at  the  date 
of  its  lapse  or  avoidance. 

Where  the  contract  has  lapsed  during  the  war  owing  to  non-payment  of 
premiums  the  payment  of  which  has  been  prevented  by  the  enforcement  of 
measures  of  war,  the  assured  or  his  representative  or  the  persons  entitled  shall 
have  the  right  to  restore  the  contract  on  payment  of  the  premiums  with  in- 
terest at  five  per  cent,  per  annum  within  three  months  from  the  coming  into 
force  of  the  present  Treaty. 

12.  Any  Allied  or  Associated  Power  may  within  three  months  of  the  com- 
ing into  force  of  the  present  Treaty  cancel  all  the  contracts  of  insurance 
running  between  a  German  insurance  company  and  its  nationals  under  con- 
ditions   which    shall    protect    its    nationals    from    any    prejudice. 

To  this  end  the  German  insurance  company  will  hand  over  to  the  Allied 
or  Associated  Government  concerned  the  proportion  of  its  assets  attributable 
to  the  policies  so  cancelled  and  will  be  relieved  from  all  liability  in  respect  of 
such  policies.  The  assets  to  be  handed  over  shall  be  determined  by  an  actuary 
appointed  by  the  Mixed  Arbitral  Tribunal. 

13.  Where  contracts  of  life  insurance  have  been  entered  into  by  a  local 
branch  of  an  insurance  company  established  in  a  country  which  subsequently 
became  an  enemy  country,  the  contract  shall,  in  the  absence  of  any  stipulation 
to  the  contrary  in  the  contract  itself,  be  governed  by  the  local  law,  but  the 
insurer  shall  be  entitled  to  demand  from  the  insured  or  his  representatives 
the  refund  of  sums  paid  on  claims  made  or  enforced  under  measures  taken 


TREATY   OF   PEACE  609 

during  the  war,  if  the  making  or  enforcement  of  such  claims  was  not  in 
accordance  with  the  terms  of  the  contract  itself  or  was  not  consistent  with 
the  laws  or  treaties  existing  at  the  time  when  it  was  entered  into. 

14.  In  any  case  where  by  the  law  applicable  to  the  contract  the  insurer 
remains  bound  by  the  contract  notwithstanding  the  non-payment  of  premiums 
until  notice  is  given  to  the  insured  of  the  termination  of  the  contract,  he  shall 
be  entitled  where  the  giving  of  such  notice  was  prevented  by  the  war  to 
recover  the  unpaid  premiums  with  interest  at  five  per  cent,  per  annum  from 
the  insured. 

15.  Insurance  contracts  shall  be  considered  as  contracts  of  life  assurance 
for  the  purpose  of  paragraphs  n  to  14  when  they  depend  on  the  probabilities 
of  human  life  combined  with  the  rate  of  interest  for  the  calculation  of  the 
reciprocal  engagements  between  the  two  parties. 

Marine  Insurance. 

16.  Contracts    of    marine    insurance    including    time    policies    and    voyage 
policies  entered  into  between  an  insurer  and  a  person  who  subsequently  be- 
came an  enemy,  shall  be  deemed  to  have  been  dissolved  on  his  becoming  an 
enemy,  except  in  cases  where  the  risk  undertaken  in  the  contract  had  attached 
before  he  became  an  enemy. 

Where  the  risk  had  not  attached,  money  paid  by  way  of  premium  or  other- 
,  wise  shall  be  recoverable  from  the  insurer. 

Where  the  risk  had  attached  effect  "shall  be  given  to  the  contract  notwith- 
standing the  party  becoming  an  enemy,  and  sums  due  under  the  contract  either 
by  way  of  premiums  or  in  respect  of  losses  shall  be  recoverable  after  the 
coming  into  force  of  the  present  Treaty. 

In  the  event  of  any  agreement  being  come  to  for  the  payment  of  interest 
on  sums  due  before  the  war  to  or  by  the  nationals  of  States  which  have  been 
at  war  and  recovered  after  the  war,  such  interest  shall  in  the  case  of  losses 
recoverable  under  contracts  of  marine  insurance  run  from  the  expiration  of 
a  period  of  one  year  from  the  date  of  the  loss. 

17.  No  contract  of  marine  insurance  with  an  insured  person  who  subse- 
quently became  an  enemy  shall  be  deemed  to  cover  losses  due  to  belligerent 
action  by  the  Power  of  which  the  insurer  was  a  national  or  by  the  allies  or 
associates  of  such  Power. 

18.  Where  it  is  shown  that  a  person  who  had  before  the  war  entered  into 
a  contract  of  marine  insurance  with  an  insurer  who  subsequently  became  an 
enemy  entered  after  the  outbreak  of  war  into  a  new  contract  covering  the 
same  risk  with  an  insurer  who  was  not  an  enemy,  the  new  contract  shall  be 
deemed  to  be  substituted  for  the  original  contract  as  from  the  date  when  it 
was  entered  into,  and  the  premiums  payable  shall  be  adjusted  on  the  basis  of 
the  original  insurer  having  remained  liable  on  the  contract  only  up  till  the 
time  when  the  new  contract  was  entered  into. 

Other  Insurances. 

19.  Contracts  of  insurance  entered  into  before  the  war  between  an  insurer 


6io  INTERNATIONAL   RELATIONS 

and  a  person  who  subsequently  became  an  enemy,  other  than  contracts 
dealt  with  in  paragraphs  9  to  18,  shall  be  treated  in  all  respects  on  the  same 
footing  as  contracts  of  fire  insurance  between  the  same  persons  would  be 
dealt  with  under  the  said  paragraphs. 

Re-insurance. 

20.  All  treaties  of  re-insurance  with  a  person  who  became  an  enemy  shall 
be  regarded  as  having  been  abrogated  by  the  person  becoming  an  enemy,  but 
without  prejudice  in  the  case  of  life  or  marine  risks  which  had  attached 
before  the  war  to  the  right  to  recover  payment  after  the  war  for  sums  due 
in  respect  of  such  risks. 

Nevertheless,  if,  owing  to  invasion,  it  has  been  impossible  for  the  re-insured 
to  find  another  re-insurer,  the  treaty  shall  remain  in  force  until  three  months 
after  the  coming  into  force  of  the  present  Treaty. 

Where  a  re-insurance  treaty  becomes  void  under  this  paragraph,  there 
shall  be  an  adjustment  of  accounts  between  the  parties  in  respect  both  of 
premiums  paid  and  payable  and  of  liabilities  for  losses  in  respect  of  life 
or  marine  risks  which  had  attached  before  the  war.  In  the  case  of  risks  other 
than  those  mentioned  in  paragraphs  n  to  18  the  adjustment  of  accounts  shall 
be  made  as  at  the  date  of  the  parties  becoming  enemies  without  regard  to 
claims  for  losses  which  may  have  oc'curred  since  that  date. 

21.  The  provisions  of  the  preceding  paragraph  will  extend  equally  to  re- 
insurances existing  at  the  date  of  the  parties  becoming  enemies  of  particular 
risks  undertaken  by  the  insurer  in  a  contract  oi  insurance  against  any  risks 
other  than  life  or  marine  risks. 

22.  Re-insurance  of  life  risks  effected  by  particular  contracts  and  not  under 
any  general  treaty  remain  in  force. 

The  provisions  of  paragraph  12  apply  to  treaties  of  re-insurance  of  life 
insurance  contracts  in  which  enemy  companies  are  the  re-insurers. 

23.  In  case  of  a  re-insurance  effected  before  the  war  of  a  contract  of  marine 
insurance,  the  cession  of  a  risk  which  had  been  ceded  to  the  re-insurer  shall, 
if  it  had  attached  before  the  outbreak  of  war,  remain  valid  and  effect  be 
given  to  the  contract  notwithstanding  the  outbreak  of  war ;  sums  due  under 
the  contract  of  re-insurance  in  respect  either  of  premiums  or  of  losses  shall 
be  recoverable  after  the  war. 

24.  The  provisions  of  paragraphs  17  and  18  and  the  last  part  of  paragraph 
16  shall  apply  to  contracts  for  the  re-insurance  of  marine  risks. 


SECTION  VI. 
MIXED  ARBITRAL  TRIBUNAL. 

ARTICLE  304. 

(a)  Within  three  months  from  the  date  of  the  coming  into  force  of  the 
present  Treaty,  a  Mixed  Arbitral  Tribunal  shall  be  established  between  each 


TREATY   OF   PEACE  611 

of  the  Allied  and  Associated  Powers  on  the  one  hand  and  Germany  on  the 
other  hand.  Each  such  Tribunal  shall  consist  of  three  members.  Each  of 
the  Governments  concerned  shall  appoint  one  of  these  members.  The 
President  shall  be  chosen  by  agreement  between  the  two  Governments  con- 
cerned. 

In  case  of  failure  to  reach  agreement,  the  President  of  the  Tribunal  and 
two  other  persons  either  of  whom  may  in  case  of  need  take  his  place,  shall 
be  chosen  by  the  Council  of  the  League  of  Nations,  or,  until  this  is  set  up,  by 
M.  Gustave  Ador  if  he  is  willirtg.  These  persons  shall  be  nationals  of 
Powers  that  have  remained  neutral  during  the  war. 

If  any  Government  does  not  proceed  within  a  period  of  one  month  in  case 
there  is  a  vacancy  to  appoint  a  member  of  the  Tribunal,  such  member  shall  be 
chosen  by  the  other  Government  from  the  two  persons  mentioned  above  other 
than  the  President. 

The  decision  of  the  majority  of  the  members  of  the  Tribunal  shall  be  the 
decision  of  the  Tribunal. 

(6)  The  Mixed  Arbitral  Tribunals  established  pursuant  to  paragraph  (a) 
shall  decide  all  questions  within  their  competence  under  Sections  III,  IV,  V 
and  VII. 

In  addition,  all  questions,  whatsoever  their  nature,  relating  to  contracts 
concluded  before  the  coming  into  force  of  the  present  Treaty  between 
nationals  of  the  Allied  and  Associated  Powers  and  German  nationals  shall 
be  decided  by  the  Mixed  Arbitral  Tribunal,  always  excepting  questions  which, 
under  the  laws  of  the  Allied,  Associated  or  Neutral  Powers,  are  within  the 
jurisdiction  of  the  National  Courts  of  those  Powers.  Such  questions  shall  be 
decided  by  the  National  Courts  in  question,  to  the  exclusion  of  the  Mixed 
Arbitral  Tribunal.  The  party  who  is  a  national  of  an  Allied  or  Associated 
Power  may  nevertheless  bring  the  case  before  the  mixed  Arbitral  Tribunal  if 
this  is  not  prohibited  by  the  laws  of  his  country. 

(c)  If  the  number  of  cases  justifies  it,  additional  members  shall  be  ap- 
pointed and  each  Mixed  Arbitral  Tribunal  shall  sit  in  divisions.     Each  of 
these  divisions  will  be  constituted  as  above. 

(d)  Each  Mixed  Arbitral  Tribunal  will  settle  its  own  procedure  except  in 
so  far  as  it  is  provided  in  the  following  Annex,  and  is  empowered  to  award 
the  sums  to  be  paid  by  the  loser  in  respect  of  the  costs  and  expenses  of  the 
proceedings. 

O)  Each  Government  will  pay  the  remuneration  of  the  member  of  the 
Mixed  Arbitral  Tribunal  appointed  by  it  and  of  any  agent  whom  it  may 
appoint  to  represent  it  before  the  Tribunal.  The  remuneration  of  the  Presi- 
dent will  be  determined  by  special  agreement  between  the  Governments  con- 
cerned ;  and  this  enumeration  and  the  joint  expenses  of  each  Tribunal  will  be 
paid  by  the  two  Governments  in  equal  moieties. 

(f)  The  High  Contracting  Parties  agree  that  their  courts  and  authorities 
shall  render  to  the  Mixed  Arbitral  Tribunals  direct  all  the  assistance  in  their 
power,  particularly  as  regards  transmitting  notices  and  collecting  evidence. 

(g)  The  High  Contracting  Parties  agree  to  regard  the  decisions  of  the 


612  INTERNATIONAL   RELATIONS 

Mixed  Arbitral  Tribunal  as  final  and  conclusive,  and  to  render  them  binding 
upon  their  nationals. 

ANNEX. 

1.  Should  one  of  the  members  of  the  Tribunal  either  die,  retire,  or  be  unable 
for  any  reason  whatever  to  discharge  his  function,  the  same  procedure  will 
be  followed  for  filling  the  vacancy  as  was  followed  for  appointing  him. 

2.  The  Tribunal  may  adopt  such  rules  of  procedure  as  shall  be  in  accordance 
with  justice  and  equity  and  decide  the  order  and  time  at  which  each  party 
must  conclude  its  arguments,  and  may  arrange  all  formalities  required  for 
dealing  with  the  evidence. 

3.  The  agent  and  counsel  of  the  parties  on  each  side  are  authorized  to 
present  orally  and  in  writing  to  the  Tribunal  arguments  in  support  or  in 
defence  of  each  case. 

4.  The  Tribunal  shall  keep  record  of  the  questions  and  cases  submitted 
and  the  proceedings  thereon,  with  the  dates  of  such  proceedings. 

5.  Each  of  the  powers  concerned  may  appoint  a  secretary.     These  secre- 
taries  shall  act  together  as  joint  secretaries  of  the  Tribunal  and  shall  be 
subject  to  its  direction     The  Tribunal  may  appoint  and  employ  any  other 
necessary  officer  or  officers  to  assist  in  the  performance  of  its  duties. 

6.  The  Tribunal  shall  decide  all  questions  and  matters  submitted  upon  such 
evidence  and  information  as  may  be  furnished  by  the  parties  concerned. 

7.  Germany   agrees    to   give    the    Tribunal    all    facilities    and    information 
required  by  it  for  carrying  out  its  investigations. 

8.  The  language  in  which  the  proceedings  shall  be  conducted  shall,  unless 
otherwise  agreed,  be  English,  French,  Italian  or  Japanese,  as  may  be  deter- 
mined by  the  Allied  or  Associated  Power  concerned. 

9.  The  place  and  time  for  the  meetings  of  each  Tribunal  shall  be  deter- 
mined by  the  President  of  the  Tribunal. 

ARTICLE  305. 

Whenever  a  competent  court  has  given  or  gives  a  decision  in  a  case 
covered  by  Sections  III,  IV,  V  or  VII,  and  such  decision  is  inconsistent  with 
the  provisions  of  such  Sections,  the  party  who  is  prejudiced  by  the  decision 
shall  be  entitled  to  obtain  redress  which  shall  be  fixed  by  the  Mixed  Arbitral 
Tribunal.  At  the  request  of  the  national  of  an  Allied  or  Associated  Power, 
the  redress  may,  whenever  possible,  be  effected  by  the  Mixed  Arbitral 
Tribunal  directing  the  replacement  of  the  parties  in  the  position  occupied  by 
them  before  the  judgment  was  given  by  the  German  court. 

SECTION  VII. 
INDUSTRIAL  PROPERTY. 

ARTICLE  306. 

Subject  to  the  stipulations  of  the  present  Treaty,  rights  of  industrial, 
literary  and  artistic  property,  as  such  property  is  defined  by  the  International 


TREATY   OF   PEACE  613 

Conventions  of  Paris  and  of  Berne,  mentioned  in  Article  286,  shall  be  re- 
established or  restored,  as  from  the  coming  into  force  of  the  present  Treaty, 
in  the  territories  of  the  High  Contracting  parties,  in  favour  of  the  persons 
entitled  to  the  benefit  of  them  at  the  moment  when  the  state  of  war  com- 
menced or  their  legal  representatives.  Equally,  rights  which,  except  for  the 
war,  would  have  been  acquired  during  the  war  in  consequence  of  an  applica- 
tion made  for  the  protection  of  industrial  property,  or  the  publication  of  a 
literary  or  artistic  work,  shall  be  recognised  and  established  in  favour  of 
those  persons  who  would  have  been  entitled  thereto,  from  the  coming  into 
force  of  the  present  Treaty. 

Nevertheless,  all  acts  done  by  virtue  of  the  special  measures  taken  during 
the  war  under  legislative,  executive  or  administrative  authority  of  any 
Allied  or  Associated  Power  in  regard  to  the  rights  of  German  nationals  in 
industrial,  literary  or  artistic  property  shall  remain  in  force  and  shall  con- 
tinue to  maintain  their  full  effect. 

No  claim  shall  be  made  or  action  brought  by  Germany  or  German  nationals 
in  respect  of  the  use  during  the  war  by  the  Government  of  any  Allied  or 
Associated  Power,  or  by  any  persons  acting  on  behalf  or  with  the  assent  of 
such  Government,  of  any  rights  in  industrial,  literary  or  artistic  property, 
nor  in  respect  of  the  sale,  offering  for  sale,  or  use  of  any  products,  articles 
or  apparatus  whatsoever  to  which  such  rights  applied. 

Unless  the  legislation  of  any  one  of  the  Allied  or  Associated  Powers  in 
force  at  the  moment  of  the  signature  of  the  present  Treaty  otherwise  directs 
sums  due  or  paid  in  virtue  of  any  act  or  operation  resulting  from  the  execu- 
tion of  the  special  measures  mentioned  in  paragraph  I  of  this  Article  shall 
be  dealt  with  in  the  same  way  as  other  sums  due  to  German  nationals  are 
directed  to  be  dealt  with  by  the  present  Treaty;  and  sums  produced  by  any 
special  measures  taken  by  the  German  Government  in  respect  of  rights  in 
industrial,  literary  or  artistic  property  belonging  to  the  nationals  of  the 
Allied  or  Associated  Powers  shall  be  considered  and  treated  in  the  same  way 
as  other  debts  due  from  German  nationals. 

Eact  of  the  Allied  and  Associated  Powers  reserves  to  itself  the  right  to 
impose  such  limitations,  conditions  or  restrictions  on  rights  of  industrial, 
literary  or  artistic  property  (with  the  exception  of  trade-marks)  acquired 
before  or  during  the  war,  or  which  may  be  subsequently  acquired  in  accord- 
ance with  its  legislation,  by  German  nationals,  whether  by  granting  licenses, 
or  by  the  working,  or  by  preserving  control  over  their  exploitation,  or  in  any 
other  way,  as  may  be  considered  necessary  for  national  defence,  or  in  the 
public  interest,  or  for  assuring  the  fair  treatment  by  Germany  of  the  rights 
of  industrial,  literary  and  artistic  property  held  in  German  territory  by  its 
nationals,  or  for  securing  the  due  fulfillment  of  all  the -obligations  undertaken 
by  Germany  in  the  present  Treaty.  As  regards  rights  of  industrial,  literary 
and  artistic  property  acquired  after  the  coming  into  force  of  the  present 
Treaty,  the  right  so  reserved  by  the  Allied  and  Associated  Powers  shall  only 
be  exercised  in  cases  where  these  limitations,  conditions  or  restrictions  may 
be  considered  necessary  for  national  defence  or  in  the  public  interest. 


614  INTERNATIONAL   RELATIONS 

In  the  event  of  the  application  of  the  provisions  of  the  preceding  para- 
graph by  any  Allied  or  Associated  Power,  there  shall  be  paid  reasonable 
indemnities  or  royalties,  which  shall  be  dealt  with  in  the  same  way  as  other 
sums  due  to  German  nationals  are  directed  to  be  dealt  with  by  the  present 
Treaty. 

Each  of  the  Allied  or  Associated  Powers  reserves  the  right  to  treat  as  void 
and  of  no  effect  any  transfer  in  whole  or  in  part  of  or  other  dealing  with 
rights  of  or  in  respect  of  industrial,  literary  or  artistic  property  effected  after 
August  I,  1914,  or  in  the  future,  which  would  have  the  result  of  defeating 
the  objects  of  the  provisions  of  this  Article. 

The  provisions  of  this  Article  shall  not  apply  to  rights  in  industrial, 
literary  or  artistic  property  which  have  been  dealt  with  in  the  liquidation  of 
businesses  or  companies  under  war  legislation  by  the  Allied  or  Associated 
Powers,  or  which  may  be  so  dealt  with  by  virtue  of  Article  297,  para- 
graph (&). 

ARTICLE  307. 

A  minimum  of  one  year  after  the  coming  into  force  of  the  present  Treaty 
shall  be  accorded  to  the  nationals  of  the  High  Contracting  Parties,  without 
extension  fees  or  other  penalty,  in  order  to  enable  such  persons  to  accom- 
plish any  act,  fulfil  any  formality,  pay  any  fees,  and  generally  satisfy  any 
obligation  prescribed  by  the  laws  or  regulations  of  the  respective  States 
relating  to  the  obtaining,  preserving,  or  opposing  rights  to,  or  in  respect  of, 
industrial  property  either  acquired  before  August  I,  1914,  or  which,  except 
for  the  war,  might  have  been  acquired  since  that  date  as  a  result  of  an 
application  made  before  the  war  or  during  its  continuance,  but  nothing  in 
this  Article  shall  give  any  right  to  reopen  interference  proceedings  in  the 
United  States  of  America  where  a  final  hearing  has  taken  place. 

All  rights  in,  or  in  respect  of,  such  property  which  may  have  lapsed  by 
reason  of  any  failure  to  accomplish  any  act,  fulfil  any  formality,  or  make 
any  payment,  shall  revive,  but  subject  in  the  case  of  patents  and  designs 
to  the  imposition  of  such  conditions  as  each  Allied  or  Associated  Power 
may  deem  reasonably  necessary  for  the  protection  of  persons  who  have 
manufactured  or  made  use  of  the  subject  matter  of  such  property  while 
the  rights  had  lapsed.  Further,  where  rights  to  patents  or  designs  belong- 
ing to  German  nationals  are  revived  under  this  Article,  they  shall  be  subject 
in  respect  of  the  grant  of  licences  to  the  same  provisions  as  would  have  been 
applicable  to  them  during  the  war,  as  well  as  to  all  the  provisions  of  the 
present  Treaty. 

The  period  from  August  I,  1914,  until  the  coming  into  force  of  the  present 
Treaty  shall  be  excluded  in  considering  the  time  within  which  a  patent  should 
be  worked  or  a  trade  mark  or  design  used,  and  it  is  further  agreed  that  no 
patent,  registered  trade  mark  or  design  in  force  on  August  i,  1914,  shall 
be  subject  to  revocation  or  cancellation  by  reason  only  of  the  failure  to 
work  such  patent  or  use  such  trade  mark  or  design  for  two  years  after  the 
coming  into  force  of  the  present  Treaty. 


TREATY   OF   PEACE  615 

ARTICLE  308. 

The  rights  of  priority,  provided  by  Article  4  of  the  International  Con- 
vention for  the  Protection  of  Industrial  •Property  of  Paris,  of  March  20, 
1883,  revised  at  Washington  in  1911  or  by  any  other  Convention  or  Statute, 
for  the  filing  or  registration  of  applications  for  patents  or  models  of  utility, 
and  for  the  registration  of  trade  marks,  designs  and  models  which  had  not 
expired  on  August  I,  1914,  and  those  which  have  arisen  during  the  war,  or 
would  have  arisen  but  for  the  war,  shall  be  extended  by  each  of  the  High 
Contracting  Parties  in  favour  of  all  nationals  of  the  other  High  Contracting 
Parties  for  a  period  of  six  months  after  the  coming  into  force  of  the 
present  Treaty. 

Nevertheless,  such  extension  shall  in  no  way  affect  the  right  of  any  of  the 
High  Contracting  Parties  or  of  any  person  who  before  the  coming  into 
force  of  the  present  Treaty  was  bona  fide  in  possession  of  any  rights  of 
industrial  property  conflicting  with  rights  applied  for  by  another  who  claims 
rights  of  priority  in  respect  of  them,  to  exercise  such  rights  by  itself  or 
himself  personally,  or  by  such  agents  or  licencees  as  derived  their  rights  from 
it  or  him  before  the  coming  into  force  of  the  present  Treaty;  and  such 
persons  shall  not  be  amenable  to  any  action  or  other  process  of  law  in 
respect  of  infringement. 

ARTICLE  309. 

No  action  shall  be  brought  and  no  claim  made  by  persons  residing  or 
carrying  on  business  within  the  territories  of  Germany  on  the  one  part  and 
of  the  Allied  or  Associated  Powers  on  the  other,  or  persons  who  are 
nationals  of  such  Powers  respectively,  or  by  any  one  deriving  title  during 
the  war  from  such  persons,  by  reason  of  any  action  which  has  taken  place 
within  the  territory  of  the  other  party  between  the  date  of  the  declaration 
of  war  and  that  of  the  coming  into  force  of  the  present  Treaty,  which 
might  constitute  an  infringement  of  the  rights  of  industrial  property  or 
rights  of  literary  and  artistic  property,  either  existing  at  any  time  during 
the  war  or  revived  under  the  provisions  of  Articles  307  and  308. 

Equally,  no  action  for  infringement  of  industrial,  literary  or  artistic  prop- 
erty rights  by  such  persons  shall  at  any  time  be  permissible  in  respect  of 
the  sale  or  offering  for  sale  for  a  period  of  one  year  after  the  signature 
of  the  present  Treaty  in  the  territories  of  the  Allied  or  Associated  Powers 
on  the  one  hand  or  Germany  on  the  other,  of  products  or  articles  manu- 
factured, or  of  literary  or  artistic  works  published,  during  the  period  between 
the  declaration  of  war  and  the  signature  of  the  present  Treaty,  or  against 
those  who  have  acquired  and  continue  to  use  them.  It  is  understood,  never- 
theless, that  this  provision  shall  not  apply  when  the  possessor  of  the  rights 
was  domiciled  or  had  an  industrial  or  commercial  establishment  in  the 
districts  occupied  by  Germany  during  the  war. 

This  Article  shall  not  apply  as  between  the  United  States  of  America  on 
the  one  hand  and  Germany  on  the  other. 


616  INTERNATIONAL   RELATIONS 

ARTICLE  310. 

Licences  in  respect  of  industrial,  literary  or  artistic  property  concluded 
before  the  war  between  nationals  of  the  Allied  or  Associated  Powers  or 
persons  residing  in  their  territory  or  carrying  on  business  therein,  on  the 
erne  part,  and  German  nationals,  on  the  other  part,  shall  be  considered  as 
cancelled  as  from  the  date  of  the  declaration  of  war  between  Germany  and 
the  Allied  or  Associated  Power.  But,  in  any  case,  the  former  beneficiary  of 
a  contract  of  this  kind  shall  have  the  right,  within  a  period  of  six  months 
after  the  coming  into  force  of  the  present  Treaty,  to  demand  from  the 
proprietor  of  the  rights  the  grant  of  a  new  licence,  the  conditions  of  which, 
in  default  of  agreement  between  the  parties,  shall  be  fixed  by  the  duly 
qualified  tribunal  in  the  country  under  whose  legislation  the  rights  had  been 
acquired,  except  in  the  case  of  licences  held  in  respect  of  rights  acquired 
under  German  law.  In  such  cases  the  conditions  shall  be  fixed  by  the 
Mixed  Arbitral  Tribunal  referred  to  in  Section  VI  of  this  Part.  The  tri- 
bunal may,  if  necessary,  fix  also  the  amount  which  it  may  deem  just  should 
be  paid  by  reason  of  the  use  of  the  rights  during  the  war. 

No  licence  in  respect  of  industrial,  literary  or  artistic  property,  granted 
under  the  special  war  legislation  of  any  Allied  or  Associated  Power,  shall 
be  affected  by  the  continued  existence  of  any  licence  entered  into  before 
the  war,  but  shall  remain  valid  and  of  full  effect,  and  a  licence  so  granted 
to  the  former  beneficiary  of  a  licence  entered  into  before  the  war  shall  be 
considered  as  substituted  for  such  licence. 

Where  sums  have  been  paid  during  the  war  by  virtue  of  a  licence  or  agree- 
ment concluded  before  the  war  in  respect  of  rights  of  industrial  property  or 
for  the  reproduction  or  the  representation  of  literary,  dramatic  or  artistic 
works,  these  sums  shall  be  dealt  with  in  the  same  manner  as  other  debts  or 
credits  of  German  nationals,  as  provided  by  the  present  Treaty. 

This  Article  shall  not  apply  as  between  the  United  States  of  America  on 
the  one  hand  and  Germany  on  the  other. 

ARTICLE  311. 

The  inhabitants  of  territories  separated  from  Germany  by  virtue  of  the 
present  Treaty  shall,  notwithstanding  this  separation  and  the  change  of 
nationality  consequent  thereon,  continue  to  enjoy  in  Germany  all  the  rights 
in  industrial,  literary  and  artistic  property  to  which  they  were  entitled  under 
German  legislation  at  the  time  of  the  separation. 

Rights  of  industrial,  literary  and  artistic  property  which  are  in  force  in 
the  territories  separated  from  Germany  under  the  present  Treaty  at  the 
moment  of  the  separation  of  these  territories  from  Germany,  or  which  will 
be  re-established  or  restored  in  accordance  with  the  provisions  of  Article 
306  of  the  present  Treaty,  shall  be  recognized  by  the  State  to  which  the  said 
territory  is  transferred  and  shall  remain  in  force  in  that  territory  for  the 
same  period  of  time  given  them  under  the  German  law. 


TREATY   OF   PEACE  617 

SECTION  VIII. 

SOCIAL  AND  STATE  INSURANCE  IN  CEDED  TERRITORY. 

ARTICLE  312. 

Without  prejudice  to  the  provisions  contained  in  other  Articles  of  the 
present  Treaty,  the  German  Government  undertakes  to  transfer  to  any 
Power  to  which  German  territory  in  Europe  is  ceded,  and  to  any  Power 
administering  former  German  territory  as  a  mandatory  under  Article  22  of 
Part  I  (League  of  Nations),  such  portion  of  the  reserves  accumulated  by 
the  Government  of  the  German  Empire  or  of  German  States,  or  by  public 
or  private  organisations  under  their  control,  as  is  attributable  to  the  carry- 
ing on  of  Social  or  State  Insurance  in  such  territory. 

The  Powers  to  which  these  funds  are  transferred  must  apply  them  to  the 
performance  of  the  obligations  arising  from  such  insurances. 

The  conditions  of  the  transfer  will  be  determined  by  special  conventions 
to  be  concluded  between  the  German  Government  and  the  Governments 
concerned. 

In  case  these  special  conventions  are  not  concluded  in  accordance  with 
the  above  paragraph  within  three  months  after  the  coming  into  force  of  the 
present  Treaty,  the  conditions  of  transfer  shall  in  each  case  be  referred  to 
a  Commission  of  five  members,  one  of  whom  shall  be  appointed  by  the 
German  Government,  one  by  the  other  interested  Government  and  three  by 
the  Governing  Body  of  the  International  Labour  Office  from  the  nationals 
of  other  States.  This  Commission  shall  by  majority  vote  within  three 
months  after  appointment  adopt  recommendations  for  submission  to  the 
Council  of  the  League  of  Nations,  and  the  decisions  of  the  Council  shall 
forthwith  be  accepted  as  final  by  Germany  and  the  other  Government  con- 
cerned. 

PART  XI. 

AERIAL  NAVIGATION. 
ARTICLE  313. 

The  aircraft  of  the  Allied  and  Associated  Powers  shall  have  full  liberty 
of  passage  and  landing  over  and  in  the  territory  and  territorial  waters  of 
Germany,  and  shall  enjoy  the  same  privileges  as  German  aircraft,  particu- 
larly in  case  of  distress  by  land  or  sea. 

ARTICLE  314. 

The  aircraft  of  the  Allied  and  Associated  Powers  shall,  while  in  transit 
to  any  foreign  country  whatever,  enjoy  the  right  of  flying  over  the  terri- 
tory and  territorial  waters  of  Germany  without  landing,  subject  always  to 
any  regulations  which  may  be  made  by  Germany,  and  which  shall  be  appli- 


6i8  INTERNATIONAL   RELATIONS 

cable  equally  to  the  aircraft  of  Germany  and  to  those  of  the  Allied  and  Asso- 
ciated countries. 

ARTICLE  315. 

All  aerodromes  in  Germany  open  to  national  public  traffic  shall  be  open 
for  the  aircraft  of  the  Allied  and  Associated  Powers,  and  in  any  such 
aerodrome  such  aircraft  shall  be  treated  on  a  footing  of  equality  with 
German  aircraft  as  regards  charges  of  every  description,  including  charges 
for  landing  and  accommodation. 

ARTICLE  316. 

Subject  to  the  present  provisions,  the  rights  of  passage,  transit  and  land- 
ing, provided  for  in  Articles  313,  314  and  315,  are  subject  to  the  observance 
of  such  regulations  as  Germany  may  consider  it  necessary  to  enact,  but 
such  regulations  shall  be  applied  without  distinction  to  German  aircraft 
and  to  those  of  the  Allied  and  Associated  countries. 

ARTICLE  317. 

Certificates  of  nationality,  airworthiness,  or  competency,  and  licences, 
issued  or  recognised  as  valid  by  any  of  the  Allied  or  Associated  Powers, 
shall  be  recognised  in  Germany  as  valid  and  as  equivalent  to  the  certificates 
and  licences  issued  by  Germany. 

ARTICLE  318. 

As  regards  internal  commercial  air  traffic,  the  aircraft  of  the  Allied  and 
Associated  Powers  shall  enjoy  in  Germany  most  favoured  nation  treatment. 

ARTICLE  319. 

Germany  undertakes  to  enforce  the  necessary  measures  to  ensure  that  all 
German  aircraft  flying  over  her  territory  shall  comply  with  the  Rules  as  to 
lights  and  signals,  Rules  of  the  Air  and  Rules  for  Air  Traffic  on  and  in  the 
neighbourhood  of  aerodromes,  which  have  been  laid  down  in  the  Convention 
relative  to  Aerial  Navigation  concluded  between  the  Allied  and  Associated 
Powers. 

ARTICLE  320. 

The  obligations  imposed  by  the  preceding  provisions  shall  remain  in  force 
until  January  i,  1923,  unless  before  that  date  Germany  shall  have  been 
admitted  into  the  League  of  Nations  or  shall  have  been  authorised,  by  con- 
sent of  the  Allied  and  Associated  Powers,  to  adhere  to  the  Convention 
relative  to  Aerial  Navigation  concluded  between  those  Powers. 


TREATY   OF   PEACE  619 

PART  XII. 
PORTS,  WATERWAYS  AND  RAILWAYS. 


SECTION  I. 

GENERAL  PROVISIONS. 
ARTICLE  321. 

Germany  undertakes  to  grant  freedom  of  transit  through  her  territories 
on  the  routes  most  convenient  for  international  transit,  either  by  rail, 
navigable  waterway,  or  canal,  to  persons,  goods,  vessels,  carriages,  wagons 
and  mails  coming  from  or  going  to  the  territories  of  any  of  the  Allied  and 
Associated  Powers  (whether  contiguous  or  not)  ;  for  this  purpose  the 
crossing  of  territorial  waters  shall  be  allowed.  Such  persons,  goods,  vessels, 
carriages,  wagons  and  mails  shall  not  be  subjected  to  any  transit  duty  or  to 
any  undue  delays  or  restrictions,  and  shall  be  entitled  in  Germany  to  national 
treatment  as  regards  charges,  facilities,  and  all  other  matters. 

Goods  in  transit  shall  be  exempt  from  all  Customs  or  other  similar  duties. 
All  charges  imposed  on  transport  in  transit  shall  be  reasonable,  having 
regard  to  the  conditions  of  the  traffic.  No  charge,  facility  or  restriction 
shall  depend  directly  or  indirectly  on  the  ownership  or  on  the  nationality  of 
the  ship  or  other  means  of  transport  on  which  any  part  of  the  through 
journey  has  been,  or  is  to  be,  accomplished. 

ARTICLE  322. 

Germany  undertakes  neither  to  impose  nor  to  maintain  any  control  over 
transmigration  traffic  through  her  territories  beyond  measures  necessary  to 
ensure  that  passengers  are  bona  fide  in  transit ;  nor  to  allow  any  shipping 
company  or  any  other  private  body,  corporation  or  person  interested  in  the 
traffic  to  take  any  part  whatever  in,  or  to  exercise  any  direct  or  indirect 
influence  over,  any  administrative  service  that  may  be  necessary  for  this 
purpose. 

ARTICLE  323. 

Germany  undertakes  to  make  no  discrimination  or  preference,  direct  01 
indirect,  in  the  duties,  charges  and  prohibitions  relating  to  importations 
into  or  exportations  from  her  territories,  or,  subject  to  the  special  engage- 
ments contained  in  the  present  Treaty,  in  the  charges  and  conditions  oi 
transport  of  goods  or  persons  entering  or  leaving  her  territories,  based  on 
the  frontier  crossed ;  or  on  the  kind,  ownership  or  flag  of  the  means  ol 
transport  (including  aircraft)  employed;  or  on  the  original  or  immediate 
place  of  departure  of  the  vessel,  wagon  or  aircraft  or  other  means  ot 
transport  employed,  or  its  ultimate  or  intermediate  destination ;  or  on  the 


6ao  INTERNATIONAL   RELATIONS 

route  of  or  places  of  trans-shipment  on  the  journey;  or  on  whether  an> 
port  through  which  the  goods  are  imported  or  exported  is  a  German  port 
or  a  port  belonging  to  any  foreign  country  or  on  whether  the  goods  are 
imported  or  exported  by  sea,  by  land  or  by  air. 

Germany  particularly  undertakes  not  to  establish  against  the  ports  and 
vessels  of  any  of  the  Allied  and  Associated  Powers  any  surtax  or  any  direct 
or  indirect  bounty  for  export  or  import  by  German  ports  or  vessels,  or  bj 
those  of  another  Power,  for  example  by  means  of  combined  tariffs.  She 
further  undertakes  that  persons  or  goods  passing  through  a  port  or  using 
a  vessel  of  any  of  the  Allied  and  Associated  Powers  shall  not  be  subjected 
to  any  formality  or  delay  whatever  to  which  such  persons  or  goods  would 
not  be  subjected  if  they  passed  through  a  German  port  or  a  port  of  any  other 
Power,  or  used  a  German  vessel  or  vessel  of  any  other  Power. 

ARTICLE  324. 

All  necessary  administrative  and  technical  measures  shall  be  taken  to 
shorten,  as  much  as  possible,  the  transmission  of  goods  across  the  German 
frontiers  and  to  ensure  their  forwarding  and  transport  from  such  frontiers, 
irrespective  of  whether  such  goods  are  coming  from  or  going  to  the  terri- 
tories of  the  Allied  and  Associated  Powers  or  are  in  transit  from  or  to 
those  territories,  under  the  same  material  conditions  in  such  matters  as 
rapidity  of  carriage  and  care  en  route  as  are  enjoyed  by  other  goods  of  the 
same  kind  carried  on  German  territory  under  similar  conditions  of  transport 

In  particular,  the  transport  of  perishable  goods  shall  be  promptly  and  regu- 
larly carried  out,  and  the  customs  formalities  shall  be  effected  in  such  a  way 
as  to  allow  the  goods  to  be  carried  straight  through  by  trains  which  make 
connection. 

ARTICLE  325. 

The  seaports  of  the  Allied  and  Associated  Powers  are  entitled  to  all 
favours  and  to  all  reduced  tariffs  granted  on  German  railways  or  navigable 
waterways  for  the  benefit  of  German  ports  or  of  any  port  of  another  Power. 

ARTICLE  326. 

Germany  may  not  refuse  to  participate  in  the  tariffs  or  combinations  of 
tariffs  intended  to  secure  for  ports  of  any  of  the  Allied  and  Associated 
Powers  advantages  similar  to  those  granted  by  Germany  to  her  own  ports 
or  the  ports  of  any  other  Power. 


TREATY   OF   PEACE  621 

SECTION  II. 
NAVIGATION. 


CHAPTER  I. 

FREEDOM  OF  NAVIGATION. 
ARTICLE  327. 

The  nationals  of  any  of  the  Allied  and  Associated  Powers  as  well  as  their 
vessels  and  property  shall  enjoy  in  all  German  ports  and  on  the  inland  navi- 
gation routes  of  Germany  the  same  treatment  in  all  respects  as  German 
nationals,  vessels  and  property. 

In  particular  the  vessels  of  any  one  of  the  Allied  or  Associated  Powers 
shall  be  entitled  to  transport  goods  of  any  description,  and  passengers,  to  or 
from  any  ports  or  places  in  German  territory  to  which  German  vessels  may 
have  access,  under  conditions  which  shall  not  be  more  onerous  than  those 
applied  in  the  case  of  national  vessels;  they  shall  be  treated  on  a  footing  of 
equality  with  national  vessels  as  regards  port  and  harbour  facilities  and 
charges  of  every  description,  including  facilities  for  stationing,  loading  and 
unloading,  and  duties  and  charges  of  tonnage,  harbour,  pilotage,  light- 
house, quarantine,  and  all  analogous  duties  and  charges  of  whatsoever  nature, 
levied  in  the  name  of  or  for  the  profit  of  the  Government,  public  functionaries, 
private  individuals  or  establishments  of  any  kind. 

In  the  event  of  Germany  granting  a  preferential  regime  to  any  of  the  Allied 
or  Associated  Powers  or  to  any  other  foreign  Power,  this  regime  shall  be 
extended  immediately  and  unconditionally  to  all  the  Allied  and  Associated 
Powers. 

There  shall  be  no  impediment  to  the  movement  of  persons  or  vessels  other 
than  those  arising  from  prescriptions  concerning  customs,  police,  sanitation, 
emigration  and  immigration,  and  those  relating  to  the  import  and  export  of 
prohibited  goods.  Such  regulations  must  be  reasonable  and  uniform  and  must 
not  impede  traffic  unnecessarily. 

CHAPTER  II. 

FREE   ZONES   IN   PORTS. 

ARTICLE  328. 

The  free  zones  existing  in  German  ports  on  August  I,  1914,  shall  be 
maintained.  These  free  zones,  and  any  other  free  zones  which  may  be  estab- 
lished in  German  territory  by  the  present  Treaty,  shall  be  subject  to  the 
regime  provided  for  in  the  following  Articles. 

Goods  entering  or  leaving  a  free  zone  shall  not  be  subjected  to  any  import 
or  export  duty,  other  than  those  provided  for  in  Article  330. 


6_>2  INTERNATIONAL   RELATIONS 

Vessels  and  goods  entering  a  free  zone  may  be  subjected  to  the  charges 
established  to  cover  expenses  of  administration,  upkeep  and  improvement  of 
the  port,  as  well  as  to  the  charges  for  the  use  of  various  installations,  pro- 
vided that  these  charges  shall  be  reasonable  having  regard  to  the  expenditure 
incurred,  and  shall  be  levied  in  the  conditions  of  equality  provided  for  in 
Article  327. 

Goods  shall  not  be  subjected  to  any  other  charge  except  a  statistical  duty 
which  shall  not  exceed  i  per  mille  ad  valorem,  and  which  shall  be  devoted  ex- 
clusively to  defraying  the  expenses  of  compiling  statements  of  the  traffic  in 
the  port. 

ARTICLE  329. 

The  facilities  granted  for  the  erection  of  warehouses,  for  packing  and  for 
unpacking  goods,  shall  be  in  accordance  with  trade  requirements  for  the 
time  being.  All  goods  allowed  to  be  consumed  in  the  free  zone  shall  be 
exempt  from  duty,  whether  of  excise  or  of  any  other  description,  apart  from 
the  statistical  duty  provided  for  in  Article  328  above. 

There  shall  be  no  discrimination  in  regard  to  any  of  the  provisions  of  the 
present  Article  between  persons  belonging  to  different  nationalities  or  between 
goods  of  different  origin  or  destination. 

ARTICLE  330. 

Import  duties  may  be  levied  on  goods  leaving  the  free  zone  for  consump- 
tion in  the  country  on  the  territory  of  which  the  port  is  situated.  Conversely, 
export  duties  may  be  levied  on  goods  coming  from  such  country  and  brought 
into  the  free  zone.  These  import  and  export  duties  shall  be  levied  on  the 
same  basis  and  at  the  same  rates  as  similar  duties  levied  at  the  other 
Customs  frontiers  of  the  country  concerned.  On  the  other  hand,  Germany 
shall  not  levy,  under  any  denomination,  any  import,  export  or  transit  duty 
on  goods  carried  by  land  or  water  across  her  territory  to  or  from  the  free 
zone  from  or  to  any  other  State. 

Germany  shall  draw  up  the  necessary  regulations  to  secure  and  guarantee 
such  freedom  of  transit  over  such  railways  and  waterways  in  her  territory 
as  normally  give  access  to  the  free  zone. 

CHAPTER  III. 

CLAUSES  RELATING  TO  THE  ELBE,  THE  ODER,  THE  NIEMEN    (RUSSSTROM-MEMEL- 
NIEMEN)   AND  THE  DANUBE. 


(i) — General  Clauses. 

ARTICLE  331. 
The  following  rivers  are  declared  international : 

the  Elbe   (Lobe)   from  its  confluence  with  the  Vltava   (Moldau),  and 
the  Vltava  (Moldau)  from  Prague ; 


TREATY   OF   PEACE  623 

the  Oder  (Odra)  from  its  confluence  with  the  Oppa-, 

the  Niemen  (Russstrom-Memel-Niemen)   from  Grodno; 

the  Danube  from  Ulm ; 

and  all  navigable  parts  of  these  river  systems  which  naturally  provide 
more  than  one  State  with  access  to  the  sea,  with  or  without  transshipment 
from  one  vessel  to  another;  together  with  lateral  canals  and  channels  con- 
structed either  to  duplicate  or  to  improve  naturally  navigable  sections  of  the 
specified  river  systems,  or  to  connect  two  naturally  navigable  sections  of  the 
same  river. 

The  same  shall  apply  to  the  Rhine-Danube  navigable  waterway,  should  such 
a  waterway  be  constructed  under  the  conditions  laid  down  in  Article  353. 

ARTICLE  332. 

On  the  waterways  declared  to  be  international  in  the  preceding  Article,  the 
nationals,  property  and  flags  of  all  Powers  shall  be  treated  on  a  footing  of 
perfect  equality,  no  distinction  being  made  to  the  detriment  of  the  nationals, 
property  or  flag  of  any  Power  between  them  and  the  nationals,  property  or 
flag  of  the  riparian  State  itself  or  of  the  most  favoured  nation. 

Nevertheless,  German  vessels  shall  not  be  entitled  to  carry  passengers  or 
goods  by  regular  services  between  the  ports  of  any  Allied  or  Associated 
Power,  without  special  authority  from  such  Power. 

ARTICLE  333- 

Where  such  charges  are  not  precluded  by  any  existing  conventions,  charges 
varying  on  different  sections  of  a  river  may  be  levied  on  vessels  using 
the  navigable  channels  or  their  approaches,  provided  that  they  are  intended 
solely  to  cover  equitably  the  cost  of  maintaining  in  a  navigable  condition,  or 
of  improving,  the  river  and  its  approaches,  or  to  meet  expenditure  incurred 
in  the  interests  of  navigation.  The  schedule  of  such  charges  shall  be  calcu- 
lated on  the  basis  of  such  expenditure  and  shall  be  posted  up  in  the  ports. 
These  charges  shall  be  levied  in  such  a  manner  as  to  render  any  detailed 
examination  of  cargoes  unnecessary,  except  in  cases  of  suspected  fraud  or 
contravention. 

ARTICLE  334- 

The  transit  of  vessels,  passengers  and  goods  on  these  waterways  shall  be 
effected  in  accordance  with  the  general  conditions  prescribed  for  transit  in 
Section  I  above. 

When  the  two  banks  of  an  international  river  are  within  the  same  State 
goods  in  transit  may  be  placed  under  seal  or  in  the  custody  of  customs  agents. 
When  the.  river  forms  a  frontier  goods  and  passengers  in  transit  shall  be 
exempt  from  all  customs  formalities ;  the  loading  and  unloading  of  goods, 
and  the  embarkation  and  disembarkation  of  passengers,  shall  only  take  place 
in  the  ports  specified  by  the  riparian  State. 


624 


ARTICLE  335. 


No  dues  of  any  kind  other  than  those  provided  for  in  the  present  Part 
shall  be  levied  along  the  course  or  at  the  mouth  of  these  rivers. 

This  provision  shall  not  prevent  the  fixing  by  the  riparian  States  of 
customs,  local  octroi  or  consumption  duties,  or  the  creation  of  reasonable 
and  uniform  charges  levied  in  the  ports,  in  accordance  with  public  tariffs,  for 
the  use  of  cranes,  elevators,  quays,  warehouses,  etc. 

ARTICLE  336. 

In  default  of  any  special  organisation  for  carrying  out  the  works  con- 
nected with  the  upkeep  and  improvement  of  the  international  portion  of  a 
navigable  system,  each  riparian  State  shall  be  bound  to  take  suitable  measures 
to  remove  any  obstacle  or  danger  to  navigation  and  to  ensure  the  mainte- 
nance of  good  conditions  of  navigation. 

If  a  State  neglects  to  comply  with  this  obligation  any  riparian  State,  or 
any  State  represented  on  the  International  Commission,  if  there  is  one,  may 
appeal  to  the  tribunal  instituted  for  this  purpose  by  the  League  of  Nations. 

ARTICLE  337. 

The  same  procedure  shall  be  followed  in  the  case  of  a  riparian  State  under- 
taking any  works  of  a  nature  to  impede  navigation  in  the  international  sec- 
tion. The  tribunal  mentioned  in  the  preceding  Article  shall  be  entitled  to 
enforce  the  suspension  or  suppression  of  such  works,  making  due  allowance 
in  its  decisions  for  all  rights  in  connection  with  irrigation,  water-power, 
fisheries,  and  other  national  interests,  which,  with  the  consent  of  all  the 
riparian  States  or  of  all  the  States  represented  on  the  International  Commis- 
sion, if  there  is  one,  shall  be  given  priority  over  the  requirements  of 
navigation. 

Appeal  to  the  tribunal  of  the  League  of  Nations  does  not  require  the 
suspension  of  the  works. 

ARTICLE  338. 

The  regime  set  out  in  Articles  332  to  337  above  shall  be  superseded  by  one 
to  be  laid  down  in  a  General  Convention  drawn  up  by  the  Allied  and  As- 
sociated Powers,  and  approved  by  the  League  of  Nations,  relating  to  the 
waterways  recognised  in  such  Convention  as  having  an  international  char- 
acter. This  Convention  shall  apply  in  particular  to  the  whole  or  part  of  the 
above-mentioned  river  systems  of  the  Elbe  (Labe},  the  Oder  (Odra),  the 
Niemen  (Russstrom-Memel-Niemen'),  and  the  Danube,  and  such  other  parts 
of  these  river  systems  as  may  be  covered  by  a  general  definition. 

Germany  undertakes,  in  accordance  with  the  provisions  of  Article  379, 
to  adhere  to  the  said  General  Convention  as  well  as  to  all  projects  prepared 
in  accordance  with  Article  343  below  for  the  revision  of  existing  international 
agreements  and  regulations. 


TREATY   OF   PEACE  625 

ARTICLE  339. 

Germany  shall  cede  to  the  Allied  and  Associated  Powers  concerned,  within 
a  maximum  period  of  three  months  from  the  date  on  which  notification  shall 
be  given  her,  a  proportion  of  the  tugs  and  vessels  remaining  registered  in  the 
ports  of  the  river  systems  referred  to  in  Article  331  after  the  deduction  of 
those  surrendered  by  way  of  restitution  or  reparation.  Germany  shall  in 
the  same  way  cede  material  of  all  kinds  necessary  to  the  Allied  and  Associated 
Powers  concerned  for  the  utilisation  of  those  river  systems. 

The  number  of  the  tugs  and  boats,  and  the  amount  of  the  material  so 
ceded,  and  their  distribution,  shall  be  determined  by  an  arbitrator  or  arbitra- 
tors nominated  by  the  United  States  of  America,  due  regard  being  had  to  the 
legitimate  needs  of  the  parties  concerned,  and  particularly  to  the  shipping 
traffic  during  the  five  years  preceding  the  war. 

All  craft  so  ceded  shall  be  provided  with  their  fittings  and  gear,  shall  be  in  a 
good  state  of  repair  and  in  condition  to  carry  goods,  and  shall  be  selected 
from  among  those  most  recently  built. 

The  cessions  provided  for  in  the  present  Article  shall  entail  a  credit  of 
which  the  total  amount,  settled  in  a  lump  sum  by  the  arbitrator  or  arbitrators, 
shall  not  in  any  case  exceed  the  value  of  the  capital  expended  in  the  initial 
establishment  of  the  material  ceded,  and  shall  be  set  off  against  the  total  sums 
due  from  Germany;  in  consequence,  the  indemnification  of  the  proprietors 
shall  be  a  matter  for  Germany  to  deal  with. 

(2)  Special    Clauses    relating    to    the    Elbe,    the    Oder    and    the    Nietncn 
(RussstrontrMemel-Niemen). 

ARTICLE  340. 

The  Elbe  (Labe)  shall  be  placed  under  the  administration  of  an  Interna- 
tional Commission  which  shall  comprise : 

4  representatives  of  the  German  States  bordering  on  the  river; 

2  representatives  of  the  Czecho-Slovak  State; 

i  representative  of  Great  Britain ; 

i  representative  of  France; 

I  representative  of  Italy; 

i  representative  of  Belgium. 

Whatever  be  the  number  of  members  present,  each  delegation  shall  have 
the  right  to  record  a  number  of  votes  equal  to  the  number  of  representatives 
allotted  to  it. 

If  certain  of  these  representatives  cannot  be  appointed  at  the  time  of  the 
coming  into  force  of  the  present  Treaty,  the  decisions  of  the  Commission 
shall  nevertheless  be  valid. 

ARTICLE  341. 

The  Oder  (Odra)  shall  be  placed  under  the  administration  of  an  Inter- 
national Commission,  which  shall  comprise: 


626  INTERNATIONAL   RELATIONS 

I  representative  of  Poland; 

3  representatives  of  Prussia; 

I  representative  of  the  Czecho-Slovak  State; 

I  representative  of  Great  Britain; 

i  representative  of  France; 

I  representative  of  Denmark; 

i  representative  of  Sweden. 

If  certain  of  these  representatives  cannot  be  appointed  at  the  time  of  the 
coming  into  force  of  the  present  Treaty,  the  decisions  of  the  Commission 
shall  nevertheless  be  valid. 

ARTICLE  342. 

On  a  request  being  made  to  the  League  of  Nations  by  any  riparian  State, 
the  Niemen  (Russstrom-Memel-Niemen)  shall  be  placed  under  the  admin- 
istration of  an  International  Commission,  which  shall  comprise  one  repre- 
sentative of  each  riparian  State,  and  three  representatives  of  other  States 
specified  by  the  League  of  Nations. 

ARTICLE  343. 

The  International  Commissions  referred  to  in  Articles  340  and  341  shall 
meet  within  three  months  of  the  date  of  the  coming  into  force  of  the  present 
Treaty.  The  International  Commission  referred  to  in  Article  342  shall  meet 
within  three  months  from  the  date  of  the  request  made  by  a  riparian  State. 
Each  of  these  Commissions  shall  proceed  immediately  to  prepare  a  project 
for  the  revision  of  the  existing  international  agreements  and  regulations, 
drawn  up  in  conformity  with  the  General  Convention  referred  to  in  Article 
338,  should  such  Convention  have  been  already  concluded.  In  the  absence 
of  such  Convention,  the  project  for  revision  shall  be  in  conformity  with  the 
principles  of  Articles  332  to  337  above. 

ARTICLE  344- 

The  projects  referred  to  in  the  preceding  Article -shall,  inter  alia. 

(a)  designate  the  headquarters  of  the  International  Commission,  and 
prescribe  the  manner  in  which  its  President  is  to  be  nominated ; 

(6)  specify  the  extent  of  the  Commission's  powers,  particularly  in  regard 
to  the  execution  of  works  of  maintenance,  control,  and  improvement  on  the 
the  river  system,  the  financial  regime,  the  fixing  and  collection  of  charges, 
and  regulations  for  navigation ; 

(c)  define  the  sections  of  the  river  or  its  tributaries  to  which  the  inter- 
national regime  shall  be  applied. 

ARTICLE-  345- 

The  international  agreements  and  regulations  at  present  governing  the 
navigation  of  the  Elbe  (Labe),  the  Oder  (Odra),  and  the  Niemen  (Riiss- 


TREATY   OF  PEACE  6& 

strom-Memel-Niemcn)  shall  be  provisionally  maintained  in  force  until  the 
ratification  of  the  above-mentioned  projects.  Nevertheless,  in  all  cases 
where  such  agreements  and  regulations  in  force  are  in  conflict  with  the 
provisions  of  Articles  332  to  337  above,  or  of  the  General  Convention  to  be 
concluded,  the  latter  provisions  shall  prevail. 

(3)  Special  Clauses  relating  to  the  Danube. 
ARTICLE  346. 

The  European  Commission  of  the  Danube  reassumes  the  powers  it  pos- 
sessed before  the  war.  Nevertheless,  as  a  provisional  measure,  only  repre- 
sentatives of  Great  Britain,  France,  Italy  and  Roumania  shall  constitute  this 
Commission. 

ARTICLE  347. 

From  the  point  where  the  competence  of  the  European  Commission  ceases, 
the  Danube  system  referred  to  in  Article  331  shall  be  placed  under  the 
administration  of  an  International  Commission  composed  as  follows : 

2  representatives  of  German  riparian  States ; 

I  representative  of  each  other  riparian  State ; 

I  representative  of  each  non-riparian  State  represented  in  the  future  on 
the  European  Commission  of  the  Danube. 

If  certain  of  these  representatives  cannot  be  appointed  at  the  time  of  the 
coming  into  force  of  the  present  Treaty,  the  decisions  of  the  Commission 
shall  nevertheless  be  valid. 

ARTICLE  348. 

The  International  Commission  provided  for  in  the  preceding  Article  shall 
meet  as  soon  as  possible  after  the  coming  into  force  of  the  present  Treaty, 
and  shall  undertake  provisionally  the  administration  of  the  river  in  con- 
formity with  the  provisions  of  Articles  332  to  337,  until  such  time  as  a 
definitive  statute  regarding  the  Danube  is  concluded  by  the  Powers  nomi- 
nated by  the  Allied  and  Associated  Powers. 

ARTICLE  349- 

Germany  agrees  to  accept  the  regime  which  shall  be  laid  down  for  the 
Danube  by  a  Conference  of  the  Powers  nominated  by  the  Allied  and  Asso- 
ciated •Powers,  which  shall  meet  within  one  year  after  the  coming  into 
force  of  the  present  Treaty,  and  at  which  German  representatives  may  be 
present. 

ARTICLE  350. 

The  mandate  given  by  Article  57  of  the  Treaty  of  Berlin  of  July  13,  1878, 
to  Austria-Hungary,  and  transferred  by  her  to  Hungary,  to  carry  out  works 
at  the  Iron  Gates,  is  abrogated.  The  Commission  entrusted  with  the  admin- 
istration of  this  part  of  the  river  shall  lay  down  provisions  for  the  settlement 


628  INTERNATIONAL   RELATIONS 

of  accounts  subject  to  the  financial  provisions  of  the  present  Treaty.    Charges 
which  may  be  necessary  shall  in  no  case  be  levied  by  Hungary. 

ARTICLE  35i- 

Should  the  Czecho-Slovak  State,  the  Serb-Croat-Slovene  State  or  Rou- 
mania,  with  the  authorisation  of  or  under  mandate  from  the  International 
Commission,  undertake  maintenance,  improvement,  weir,  or  other  works  on  a 
part  of  the  river  system  which  forms  a  frontier,  these  States  shall  enjoy  on 
the  opposite  bank,  and  also  on  the  part  of  the  bed  which  is  outside  their 
territory,  all  necessary  facilities  for  the  survey,  execution  and  maintenance 
of  such  works. 

ARTICLE  352. 

Germany  shall  be  obliged  to  make  to  the  European  Commission  of  the 
Danube  all  restitutions,  reparations  and  indemnities  for  damages  inflicted 
on  the  Commission  during  the  war. 

ARTICLE  353- 

Should  a  deep-draught  Rhine-Danube  navigable  waterway  be  constructed, 
Germany  undertakes  to  apply  thereto  the  regime  prescribed  in  Articles  332 
to  338. 

CHAPTER  IV. 

CLAUSES  RELATING  TO  THE  RHINE  AND  THE  MOSELLE. 
ARTICLE  354- 

As  from  the  coming  into  force  of  the  present  Treaty,  the  Convention  of 
Mannheim  of  October  17,  1868,  together  with  the  Final  Protocol  thereof, 
shall  continue  to  govern  navigation  on  the  Rhine,  subject  to  the  conditions 
hereinafter  laid  down. 

In  the  event  of  any  provisions  of  the  said  Convention  being  in  conflict 
with  those  laid  down  by  the  General  Convention  referred  to  in  Article  338 
(which  shall  apply  to  the  Rhine)  the  provisions  of  the  General  Convention 
shall  prevail. 

Within  a  maximum  period  of  six  months  from  the  coming  into  force  of 
the  present  Treaty,  the  Central  Commission  referred  to  in  Article  355  shall 
meet  to  draw  up  a  project  of  revision  of  the  Convention  of  Mannheim.  This 
project  shall  be  drawn  up  in  harmony  wilh  the  provisions  of  the  General 
Convention  referred  to  above,  should  this  have  been  concluded  by  that  time, 
and  shall  be  submitted  to  the  Powers  represented  on  the  Central  Com- 
mission. Germany  hereby  agrees  to  adhere  to  the  project  so  drawn  up. 

Further,  the  modifications  set  out  in  the  following  Articles  shall  immedi- 
ately be  made  in  the  Convention  of  Mannheim. 

The   Allied   and   Associated   Powers   reserve   to   themselves   the   right  to 


-TREATY   OF   PEACE  629 

arrive  at  an  understanding  in  this  connection  with  Holland,  and  Germany 
hereby  agrees  to  accede  if  required  to  any  such  understanding. 

ARTICLE  355. 

The  Central  Commission  provided  for  in  the  Convention  of  Mannheim 
shall  consist  of  nineteen  members,  viz. : 

2  representatives  of  the  Netherlands; 

2  representatives  of  Switzerland; 

4  representatives  of  German  riparian  States ; 

4  representatives  of  France,  which  in  addition  shall  appoint  the  President 
of  the  Commission ; 

2  representatives  of  Great  Britain ; 

2  representatives  of  Italy; 

2  representatives  of  Belgium. 

The  headquarters  of  the  Central  Commission  shall  be  at  Strasburg. 

Whatever  be  the  number  of  members  present,  each  Delegation  shall  have 
the  right  to  record  a  number  of  votes  equal  to  the  number  of  representatives 
allotted  to  it. 

If  certain  of  these  representatives  cannot  be  appointed  at  the  time  of  the 
coming  into  force  of  the  present  Treaty,  the  decisions  of  the  Commission 
shall  nevertheless  be  valid. 

ARTICLE  356. 

Vessels  of  all  nations,  and  their  cargoes,  shall  have  the  same  rights  and 
privileges  as  those  which  are  granted  to  vessels  belonging  to  the  Rhine 
navigation,  and  to  their  cargoes. 

None  of  the  provisions  contained  in  Articles  15  to  20  and  26  of  the  above- 
mentioned  Convention  of  Mannheim,  in  Article  4  of  the  Final  Protocol 
thereof,  or  in  later  Conventions,  shall  impede  the  free  navigation  of  vessels 
and  crews  of  all  nations  on  the  Rhine  and  on  waterways  to  which  such 
Conventions  apply,  subject  to  compliance  with  the  regulations  concerning 
pilotage  and  other  police  measures  drawn  up  by  the  Central  Commission. 

The  provisions  of  Article  22  of  the  Convention  of  Mannheim  and  of 
Article  5  of  the  Final  Protocol  thereof  shall  be  applied  only  to  vessels  regis- 
tered on  the  Rhine.  The  Central  Commission  shall  decide  on  the  steps 
to  be  taken  to  ensure  that  other  vessels  satisfy  the  conditions  of  the  general 
regulations  applying  to  navigation  on  the  Rhine. 

ARTICLE  357- 

Within  a  maximum  period  of  three  months  from  the  date  on  which  notifi- 
cation shall  be  given,  Germany  shall  cede  to  France  tugs  and  vessels,  from 
among  those  remaining  registered  in  German  Rhine  ports  after  the  deduction 
of  those  surrendered  by  way  of  restitution  or  reparation,  or  shares  in  Ger- 
man Rhine  navigation  companies. 


630  INTERNATIONAL   RELATIONS 

When  vessels  and  tugs  are  ceded,  such  vessels  and  tugs,  together  with 
their  fittings  and  gear,  shall  be  in  good  state  of  repair,  shall  be  in  condition 
to  carry  on  commercial  traffic  on  the  Rhine,  and  shall  be  selected  from 
among  those  most  recently  built. 

The  same  procedure  shall  be  followed  in  the  matter  of  the  cession  by 
Germany  to  France  of  : 

(1)  the    installations,    berthing    and    anchorage    accomodation,    platforms, 
docks,  warehouses,  plant,  etc.,  which  German  subjects  or  German  companies 
owned  on  August  i,  1914,  in  the  port  of  Rotterdam,  and 

(2)  the  shares  or  interests  which  Germany  or  German  nationals  possessed 
in  such  installations  at  the  same  date. 

The  amount  and  specifications  of  such  cessions  shall  be  determined  within 
one  year  of  the  coming  into  force  of  the  present  Treaty  by  an  arbitrator  or 
arbitrators  appointed  by  the  United  States  of  America,  due  regard  being 
had  to  the  legitimate  needs  of  the  parties  concerned. 

The  cessions  provided  for  in  the  present  Article  shall  entail  a  credit  of 
which  the  total  amount,  settled  in  a  lump  sum  by  the  arbitrator  or  arbitrators 
mentioned  above,  shall  not  in  any  case  exceed  the  value  of  the  capital 
expended  in  the  initial  establishment  of  the  ceded  material  and  installations, 
and  shall  be  set  off  against  the  total  sums  due  from  Germany;  in  consequence, 
the  indemnification  of  the  proprietors  shall  be  a  matter  for  Germany  to 
deal  with. 

ARTICLE  358. 

Subject  to  the  obligation  to  comply  with  the  provisions  of  the  Convention 
of  Mannheim  or  of  the  Convention  which  may  be  substituted  therefor,  and 
to  the  stipulations  of  the  present  Treaty,  France  shall  have  on  the  whole 
course  of  the  Rhine  included  between  the  two  extreme  points  of  the  French 
frontiers : 

(a)  the  right  to  take  water  from  the  Rhine  to  feed  navigation  and  irriga- 

tion canals  (constructed  or  to  be  constructed)  or  for  any  other 
purpose,  and  to  execute  on  the  German  bank  all  works  necessary 
for  the  exercise  of  this  right ; 

(b)  the  exclusive  right  to  the  power  derived  from  works  of  regulation  on 

the  river,  subject  to  the  payment  to  Germany  of  the  value  of  half 
the  power  actually  produced,  this  payment,  which  will  take  into 
account  the  cost  of  the  works  necessary  for  producing  the  power, 
being  made  either  in  money  or  in  power  and  in  default  of  agreement 
being  determined  by  arbitration.  For  this  purpose  France  alone 
shall  have  the  right  to  carry  out  in  this  part  of  the  river  all  works 
of  regulation  (weirs  or  other  works)  which  she  may  consider 
necessary  for  the  production  of  power.  Similarly,  the  right  of 
taking  water  from  the  Rhine  is  accorded  to  Belgium  to  feed  the 
Rhine-Meuse  navigable  waterway  provided  for  below. 

The  exercise  of  the  rights  mentioned  under  (a)  and  (&)  of  the  present 
Article  shall  not  interfere  with  navigability  nor  reduce  the  facilities  for 


TREATY   OF   PEACE  631 

navigation,  either  in  the  bed  of  the  Rhine  or  in  the  derivations  which  may 
be  substituted  therefor,  nor  shall  it  involve  any  increase  in  the  tolls  formerly 
levied  under  the  Convention  in  force.  All  proposed  schemes  shall  be  laid 
before  the  Central  Commission  in  order  that  that  Commission  may  assure 
itself  that  these  conditions  are  complied  with. 

To  ensure  the  proper  and  faithful  execution  of  the  provisions  contained 
in  (a)  and  (&)  above,  Germany: 

(1)  binds  herself  not  to  undertake   or  to  allow  the  construction  of  any 
lateral  canal  or  any  derivation  on  the  right  bank  of  the  river  opposite  the 
French  frontiers; 

(2)  recognises  the  possession  by  France  of  the  right  of  support  on  and 
the  right  of  way  over  all  lands  situated  on  the  right  bank  which  may  be 
required  in  order  to  survey,  to  build,  and  to  operate  weirs  which  France, 
with   the  consent  of  the   Central   Commission,   may   subsequently  decide   to 
establish.     In    accordance   with  such   consent,   France   shall   be   entitled   to 
decide  upon  and  fix  the  limits  of  the  necessary  sites,  and  she  shall  be  per- 
mitted  to   occupy   such   lands   after  a  period  of   two   months   after   simple 
notification,  subject  to  the  payment  by  her  to  Germany  of  indemnities  of 
which  the  total  amount  shall  be  fixed  by  the  Central  Commission.     Germany 
shall  make  it  her  business  to  indemnify  the  proprietors  whose  property  will 
be  burdened  with   such   servitudes  or  permanently  occupied  by  the   works. 

Should  Switzerland  so  demand,  and  if  the  Central  Commission  approves, 
the  same  right  shall  be  accorded  to  Switzerland  for  the  part  of  the  river 
forming  her  frontier  with  other  riparian  States; 

(3)  shall  hand  over  to  the  French  Government,  during  the  month  follow- 
ing the  coming  into  force  of  the  present  Treaty,  all  projects,  designs,  drafts 
of  concessions  and  of  specifications  concerning  the  regulation  of  the  Rhine 
for  any  purpose  whatever  which  have  been  drawn  up  or  received  by  the 
Governments  of  Alsace-Lorraine  or  of  the  Grand  Duchy  of  Baden. 

ARTICLE  359- 

Subject  to  the  preceding  provisions,  no  works  shall  be  carried  out  in  the 
bed  or  on  either  bank  of  the  Rhine  where  it  forms  the  boundary  of  France 
and  Germany  without  the  previous  approval  of  the  Central  Commission  or 
of  its  agents. 

ARTICLE  360. 

France  reserves  the  option  of  substituting  herself  as  regards  the  rights 
and  obligations  resulting  from  agreements  arrived  at  between  the  Govern- 
ment of  Alsace-Lorraine  and  the  Grand  Duchy  of  Baden  concerning  the 
works  to  be  carried  out  on  the  Rhine ;  she  may  also  denounce  such  agree- 
ments within  a  term  of  five  years  dating  from  the  coming  into  force  of  the 
present  Treaty. 

France  shall  also  have  the  option  of  causing  works  to  be  carried  out  which 
may  be  recognised  as  necessary  by  the  Central  Commission  for  the  upkeep 
or  improvement  of  the  navigability  of  the  Rhine  above  Mannheim. 


632  INTERNATIONAL   RELATIONS 

ARTICLE  361. 

Should  Belgium  within  a  period  of  25  years  from  the  coming  into  force 
of  the  present  Treaty  decide  to  create  a  deep-draught  Rhine-Meuse  navigable 
waterway,  in  the  region  of  Ruhrort,  Germany  shall  be  bound  to  construct, 
in  accordance  with  plans  to  be  communicated  to  her  by  the  Belgian  Govern- 
ment, after  agreement  with  the  'Central  Commission,  the  portion  of  this 
navigable  waterway  situated  within  her  territory. 

The  Belgian  Government  shall,  for  this  purpose,  have  the  right  to  carry 
out  on  the  ground  all  necessary  surveys. 

Should  Germany  fail  to  carry  out  all  or  part  of  these  works,  the  Central 
Commission  shall  be  entitled  to  carry  them  out  instead ;  and,  for  this  pur- 
pose, the  Commission  may  decide  upon  and  fix  the  limits  of  the  necessary 
sites  and  occupy  the  ground  after  a  period  of  two  months  after  simple  notifi- 
cation, subject  to  the  payment  of  indemnities  to  be  filed  by  it  and  paid  by 
Germany. 

This  navigable  waterway  shall  be  placed  under  the  same  administrative 
regime  as  the  Rhine  itself,  and  the  division  of  the  cost  of  initial  construction, 
including  the  above  indemnities,  among  the  States  crossed  thereby  shall  be 
made  by  the  Central  Commission. 

ARTICLE  362. 

Germany  hereby  agrees  to  offer  no  objection  to  any  proposals  of  the 
Central  Rhine  Commission  for  extending  its  jurisdiction : 

(1)  to  the   Moselle  below  the   Franco-Luxemburg   frontier   down  to   the 
Rhine,  subject  to  the  consent  of  Luxemburg; 

(2)  to  the  Rhine  above  Basle  up  to  the  Lake  of  Constance,  subject  to  the 
consent  of  Switzerland ; 

(3)  to  the  lateral  canals  and  channels   which  may  be   established  either 
to  duplicate  or  to  improve  naturally  navigable  sections  of  the  Rhine  or  the 
Moselle,  or  to  connect  two  naturally  navigable  sections  of  these  rivers,  and 
also  any  other  parts  of  the  Rhine  river  system  which  may  be  covered  by  the 
General  Convention  provided  for  in  Article  338  above. 


CHAPTER  V. 
CLAUSES  GIVING  TO  THE  CZECHO-SLOVAK  STATE  THE  USE  OF  NORTHERN  PORTS. 

ARTICLE  363. 

In  the  ports  of  Hamburg  and  Stettin  Germany  shall  lease  to  the  Czecho- 
slovak State,  for  a  period  of  99  years,  areas  which  shall  be  placed  under 
the  general  regime  of  free  zones  and  shall  be  used  for  the  direct  transit  of 
goods  coming  from  or  going  to  that  State. 


TREATY   OF   PEACE  633 

ARTICLE  364. 

The  delimitation  of  these  areas,  and  their  equipment,  their  exploitation, 
and  in  general  all  conditions  for  their  utilisation,  including  the  amount  of 
the  rental,  shall  be  decided  by  a  Commission  consisting  of  one  delegate  of 
Germany,  one  delegate  of  the  Czecho-Slovak  State  and  one  delegate  of 
Great  Britain.  These  conditions  shall  be  susceptible  of  revision  every  ten 
years  in  the  same  manner. 

Germany  declares  in  advance  that  she  will  adhere  to  the  decisions  so  taken. 

SECTION  III. 

RAILWAYS. 

CHAPTER  I. 

CLAUSES   RELATING   TO   INTERNATIONAL   TRANSPORT. 
ARTICLE  365. 

Goods  coming  from  the  territories  of  the  Allied  and  Associated  Powers, 
and  going  to  Germany,  or  in  transit  through  Germany  from  or  to  the  terri- 
tories of  the  Allied  and  Associated  Powers,  shall  enjoy  on  the  German  rail- 
ways as  regards  charges  to  be  collected  (rebates  and  drawbacks  being  taken 
into  account)  facilities,  and  all  other  matters,  the  most  favourable  treatment 
applied  to  goods  of  the  same  kind  carried  on  any  German  lines,  either  in 
internal  traffic,  or  for  export,  import  or  in  transit,  under  similar  conditions 
of  transport,  for  example  as  regards  length  of  route.  The  same  rule  shall 
be  applied,  on  the  request  of  one  or  more  of  the  Allied  and  Associated 
Powers,  to  goods  specially  designated  by  such  Power  or  Powers  coming 
from  Germany  and  going  to  their  territories. 

International  tariffs  established  in  accordance  with  the  rates  referred  to  in 
the  preceding  paragraph  and  involving  through  waybills  shall  be  established 
when  one  of  the  Allied  and  Associated  Powers  shall  require  it  from 
Germany. 

ARTICLE  366. 

From  the  coming  into  force  of  the  present  Treaty  the  High  Contracting 
Parties  shall  renew,  in  so  far  as  concerns  them  and  under  the  reserves 
indicated  in  the  second  paragraph  of  the  present  Article,  the  conventions 
and  arrangements  signed  at  Berne  on  October  14,  1890,  September  20,  1893, 
July  16,  1895,  June  16,  1898,  and  September  19,  1906,  regarding  the  trans- 
portation of  goods  by  rail. 

If  within  five  years  from  the  date  of  the  coming  into  force  of  the  present 
Treaty  a  new  convention  for  the  transportation  of  passengers,  luggage  and 
goods  by  rail  shall  have  been  concluded  to  replace  the  Berne  Convention  of 
October  14,  1890,  and  the  subsequent  additions  referred  to  above,  this  new 
convention  and  the  supplementary  provisions  for  international  transport  by 


634  INTERNATIONAL   RELATIONS 

rail  which  may  be  based  on  it  shall  bind  Germany,  even  if  she  shall  have 
refused  to  take  part  in  the  preparation  of  the  convention  or  to  subscribe  to 
it.  Until  a  new  convention  shall  have  been  concluded,  Germany  shall  con- 
form to  the  provisions  of  the  Berne  Convention  and  the  subsequent  addi- 
tions referred  to  above,  and  to  the  current  supplementary  provisions. 

ARTICLE  367. 

Germany  shall  be  bound  to  co-operate  in  the  establishment  of  through 
ticket  services  (for  passengers  and  their  luggage)  which  shall  be  required  by 
any  of  the  Allied  and  Associated  Powers  to  ensure  their  communication  by 
rail  with  each  other  and  with  all  other  countries  by  transit  across  the  terri- 
tories of  Germany;  in  particular  Germany  shall,  for  this  purpose,  accept 
trains  and  carriages  coming  from  the  territories  of  the  Allied  and  Associated 
Powers  and  shall  forward  them  with  a  speed  at  least  equal  to  that  of  her 
best  long-distance  trains  on  the  same  lines.  The  rates  applicable  to  such 
through  services  shall  not  in  any  case  be  higher  than  the  rates  collected  on 
German  internal  services  for  the  same  distance,  under  the  same  conditions  of 
speed  and  comfort. 

The  tariffs  applicable  under  the  same  conditions  of  speed  and  comfort  to 
the  transportation  of  emigrants  going  to  or  coming  from  ports  of  the  Allied 
and  Associated  Powers  and  using  the  German  railways  shall  not  be  at  a 
higher  kilometric  rate  than  the  most  favourable  tariffs  (drawbacks  and 
rebates  being  taken  into  account)  enjoyed  on  the  said  railways  by  emigrants 
going  to  or  coming  from  any  other  ports. 

ARTICLE  368. 

Germany  shall  not  apply  specially  to  such  through  services,  or  to  the 
transportation  of  emigrants  going  to  or  coming  from  the  ports  of  the  Allied 
and  Associated  Powers,  any  technical,  fiscal  or  administrative  measures,  such 
as  measures  of  customs  examination,  general  police,  sanitary  police,  and 
control,  the  result  of  which  would  be  to  impede  or  delay  such  services. 

ARTICLE  369. 

In  case  of  transport  partly  by  rail  and  partly  by  internal  navigation,  with 
or  without  through  way-bill,  the  preceding  Articles  shall  apply  to  the  part 
of  the  journey  performed  by  rail. 


CHAPTER  II. 

ROLLING-STOCK. 

ARTICLE  370. 

Germany  undertakes  that  German  wagons   shall  be  fitted  with  apparatus 
allowing : 

(i)  of  their  inclusion  in  goods  trains  on  the  lines  of  such  of  the  Allied 


TREATY   OF  PEACE  635 

and  Associated  Powers  as  are  parties  to  the  Berne  Convention  of  May  15, 
1886,  as  modified  on  May  18,  1907,  without  hampering  the  action  of  the 
continuous  brake  which  may  be  adopted  in  such  countries  within  ten  years 
of  the  coming  into  force  of  the  present  Treaty,  and 

(2)  of  the  acceptance  of  wagons  of  such  countries  in  all  goods  trains  on 
the  German  lines. 

The  rolling  stock  of  the  Allied  and  Associated  Powers  shall  enjoy  on  the 
German  lines  the  same  treatment  as  German  rolling  stock  as  regards  move- 
ment, upkeep  and  repairs. 

CHAPTER  III. 

CESSIONS    OF    RAILWAY    UNES. 

ARTICLE  371. 

Subject  to  any  special  provisions  concerning  the  cession  of  ports,  waterways 
and  railways  situated  in  the  territories  over  which  Germany  abandons  her 
sovereignty,  and  to  the  financial  conditions  relating  to  the  concessionaires 
and  the  pensioning  of  the  personnel,  the  cession  of  railways  will  take  place 
under  the  following  conditions : 

(1)  The  works  and  installations  of  all  the  railroads  shall  be  handed  over 
complete  and  in  good  condition. 

(2)  When  a   railway  system  possessing  its  own  rolling-stock  is  handed 
over  in  its  entirety  by  Germany  to  one  of  the  Allied  and  Associated  Powers, 
such  stock  shall  be  handed  over  complete,  in  accordance  with  the  last  inventory 
before  November  n,  1918,  and  in  a  normal  state  of  upkeep. 

(3)  As  regards  lines  without  any  special  rolling-stock,  Commissions  of 
experts  designated  by  the  Allied  and  Associated  Powers,  on  which  Germany 
shall  be  represented,  shall  fix  the  proportion  of  the  stock  existing  on  the 
system  to  which  those  lines  belong  to  be  handed  over.    These  Commissions 
shall  have  regard  to  the  amount  of  the  material  registered  on  these  lines 
in  the  last  inventory  before  November  u,  1918,  the  length  of  track  (sidings 
included),   and  the  nature  and  amount  of  the  traffic.    These  Commissions 
shall  also  specify  the  locomotives,  carriages  and  wagons  to  be  handed  over 
in  each  case;  they  shall  decide  upon  the  conditions  of  their  acceptance,  and 
shall  make  the  provisional   arrangements  necessary  to  ensure  their   repair 
in  German  workshops. 

(4)  Stocks  of  stores,  fittings  and  plant  shall  be  handed  over  under  the 
same  conditions  as  the   rolling-stock. 

The  provisions  of  paragraphs  3  and  4  above  shall  be  applied  to  the  lines 
of  former  Russian  Poland  converted  by  Germany  to  the  German  gauge,  such 
lines  being  regarded  as  detached  from  the  Prussian  State  System. 


636  INTERNATIONAL   RELATIONS 

CHAPTER  IV. 

PROVISIONS  RELATING  TO  CERTAIN  RAILWAY  LINES. 
ARTICLE  372. 

When  as  a  result  of  the  fixing  of  new  frontiers  a  railway  connection 
between  two  parts  of  the  same  country  crosses  another  country,  or  a 
branch  line  from  one  country  has  its  terminus  in  another,  the  conditions  of 
working,  if  not  specifically  provided  for  in  the  present  Treaty,  shall  be  laid 
down  in  a  convention  between  the  railway  administrations  concerned.  If  the 
administrations  cannot  come  to  an  agreement  as  to  the  terms  of  such  con- 
vention, the  points  of  difference  shall  be  decided  by  commissions  of  experts 
composed  as  provided  in  the  preceding  Article. 

ARTICLE  -373. 

Within  a  period  of  five  years  from  the  coming  into  force  of  the  present 
Treaty  the  Czecho-Slovak  State  may  require  the  construction  of  a  railway 
line  in  German  territory  between  the  stations  of  Schlauney  and  Nachod. 
The  cost  of  construction  shall  be  borne  by  the  Czecho-Slovak  State. 

ARTICLE  374. 

Germany  undertakes  to  accept,  within  ten  years  of  the  coming  into  force 
of  the  present  Treaty,  on  request  being  made  by  the  Swiss  Government 
after  agreement  with  the  Italian  Government,  the  denunciation  of  the 
International  Convention  of  October  13,  1909,  relative  to  the  St.  Gothard 
railway.  In  the  absence  of  agreement  as  to  the  conditions  of  such  denuncia- 
tion, Germany  hereby  agrees  to  accept  the  decision  of  an  arbitrator  designated 
by  the  United  States  of  America. 

CHAPTER  V. 

TRANSITORY    PROVISIONS. 

ARTICLE  375. 

Germany  shall  carry  out  the  instructions  given  her,  in  regard  to  transport, 
by  an  authorised  body  acting  on  behalf  of  the  Allied  and  Associated  Powers: 

(1)  For  the  carriage  of  troops  under  the  provisions  of  the  present  Treaty, 
and  of  material,  ammunition  and  supplies  for  army  use ; 

(2)  As  a  temporary  measure,  for  the  transportation  of  supplies  for  certain 
regions,  as  \vell  as  for  the  restoration,  as  rapidly  as  possible,  of  the  normal 
conditions  of  transport,  and  for  the  organisation  of  postal  and  telegraphic 


TREATY    OF    PEACE  637 

SECTION  IV. 

DISPUTES. 
AND  REVISION  OF  I'F.K  MA  XKXT  CI.AUSKS. 

ARTICLE  376. 

Disputes  which  may  arise  between  interested  Powers  with  regard  to  the 
interpretation  and  application  of  the  preceding  Articles  shall  be  settled  as 
provided  by  the  League  of  Nations. 

ARTICLE  377. 

At  any  time  the  League  of  Nations  may  recommend  the  revision  of  such 
of  these  Articles  as  relate  to  a  permanent  administrative  regime. 

ARTICLE  378. 

The  stipulations  in  Articles  321  to  330,  332,  365,  and  367  to  369  shall  be 
subject  to  revision  by  the  Council  of  the  League  of  Nations  at  any  time  after 
five  years  from  the  coming  into  force  of  the  present  Treaty. 

Failing  such  revision,  no  Allied  or  Associated  Power  can  claim  after  the 
expiration  of  the  above  period  of  five  years  the  benefit  of  any  of  the  stipula- 
tions in  the  Articles  enumerated  above  on  behalf  of  any  portion  of  its  terri- 
tories in  which  reciprocity  is  not  accorded  in  respect  of  such  stipulations.  The 
period  of  five  years  during  which  reciprocity  cannot  be  demanded  may  be 
prolonged  by  the  Council  of  the  League  of  Nations. 

SECTION  V. 
SPECIAL  PROVISION. 

ARTICLE  379. 

Without  prejudice  to  the  special  obligations  imposed  on  her  by  the  present 
Treaty  for  the  benefit  of  the  Allied  and  Associated  Powers,  Germany  under- 
takes to  adhere  to  any  General  Conventions  regarding  the  international 
regime  of  transit,  waterways,  ports  or  railways  which  may  be  concluded  by 
the  Allied  and  Associated  Powers,  with  the  approval  of  the  League  of  Na- 
tions, within  five  years  of  the  coming  into  force  of  the  present  Treaty. 

SECTION  VI. 

CAUSES  KKI.ATIM,  TO  TIM:  KII-L  CANAL. 
ARTICLE  380. 

The  Kiel  Canal  and  its  approaches  shall  be  maintained  free  and  open  to  the 
vessels  of  commerce  and  of  war  of  all  nations  at  peace  with  Germany  on 
terms  of  entire  equality. 


638  INTERNATIONAL   RELATIONS 

ARTICLE  381. 

The  nationals,  property  and  vessels  of  all  Powers  shall,  in  respect  of 
charges,  facilities,  and  in  all  other  respects,  be  treated  on  a  footing  of  perfect 
equality  in  the  use  of  the  Canal,  no  distinction  being  made  to  the  detriment 
of  nationals,  property  and  vessels  of  any  Power  between  them  and  the  na- 
tionals, property  and  vessels  of  Germany  or  of  the  most  favoured  nation. 

No  impediment  shall  be  placed  on  the  movement  of  persons  or  vessels 
other  than  those  arising  out  of  police,  customs,  sanitary,  emigration  or  im- 
migration regulations  and  those  relating  to  the  import  or  export  of  prohibited 
goods.  Such  regulations  must  be  reasonable  and  uniform  and  must  not 
unnecessarily  impede  traffic. 

ARTICLE  382. 

Only  such  charges  may  be  levied  on  vessels  using  the  Canal  or  its  ap- 
proaches as  are  intended  to  cover  in  an  equitable  manner  the  cost  of  maintain- 
ing in  a  navigable  condition,  or  of  improving,  the  Canal  or  its  approaches,  or 
to  meet  expenses  incurred  in  the  interests  of  navigation.  The  schedule  of 
such  charges  shall  be  calculated  on  the  basis  of  such  expenses,  and  shall 
be  posted  up  in  the  ports. 

These  charges  shall  be  levied  in  such  a  manner  as  to  render  any  detailed 
examination  of  cargoes  unnecessary,  except  in  the  case  of  suspected  fraud  or 
contravention. 

ARTICLE  383. 

Goods  in  transit  may  be  placed  under  seal  or  in  the  custody  of  customs 
agents ;  the  loading  and  unloading  of  goods,  and  the  embarkation  and  disem- 
barkation of  passengers,  shall  only  take  place  in  the  ports  specified  by  Ger- 
many. 

ARTICLE  384. 

No  charges  of  any  kind  other  than  those  provided  for  in  the  present  Treaty 
shall  be  levied  along  the  course  or  at  the  approaches  of  the  Kiel  Canal. 

ARTICLE  385. 

Germany  shall  be  bound  to  take  suitable  measures  to  remove  any  obstacle 
or  danger  to  navigation,  and  to  ensure  the  maintenance  of  good  conditions  of 
navigation.  She  shall  not  undertake  any  works  of  a  nature  to  impede  naviga- 
tion on  the  Canal  or  its  approaches. 

ARTICLE  386. 

In  the  event  of  violation  of  any  of  the  conditions  of  Articles  380  to  386, 
or  of  disputes  as  to  the  interpretation  of  these  Articles,  any  interested  Power 
can  appeal  to  the  jurisdiction  instituted  for  the  purpose  by  the  League  of 
Nations. 

In  order  to  avoid  reference  of  small  questions  to  the  League  of  Nations, 


TREATY   OF   PEACE  039 

Germany  will  establish  a  local  authority  at  Kiel  qualified  to  deal  with  disputes 
in  the  first  instance  and  to  give  satisfaction  so  far  as  possible  to  complaints 
which  may  be  presented  through  the  consular  representatives  of  the  interested 
Powers. 

PART  XIII. 

LABOUR. 

SECTION  I. 

ORGANISATION    OF    LABOUR. 

Whereas  the  League  of  Nations  has  for  its  object  the  establishment  of  uni- 
versal peace,  and  such  a  peace  can  be  established  only  if  it  is  based  upon 
social  justice ; 

And  whereas  conditions  of  labour  exist  involving  such  injustice,  hardship 
and  privation  to  large  numbers  of  people  as  to  produce  unrest  so  great  that 
the  peace  and  harmony  of  the  world  are  imperilled ;  and  an  improvement  of 
those  conditions  is  urgently  required :  as,  for  example,  by  the  regulation  of 
the  hours  of  work,  including  the  establishment  of  a  maximum  working  day 
and  week,  the  regulation  of  the  labour  supply,  the  prevention  of  unemploy- 
ment, the  provision  of  an  adequate  living  wage,  the  protection  of  the  worker 
against  sickness,  disease  and  injury  arising  out  of  his  employment,  the  pro- 
tection of  children,  young  persons  and  women,  provision  for  old  age  and  in- 
jury, protection  of  the  interests  of  workers  when  employed  in  countries  other 
than  their  own,  recognition  of  the  principle  of  freedom  of  association,  the 
organisation  of  vocational  and  technical  education  and  other  measures; 

Whereas  also  the  failure  of  any  nation  to  adopt  humane  conditions  of 
labour  is  an  obstacle  in  the  way  of  other  nations  which  desire  to  improve  the 
conditions  in  their  own  countries; 

The  HIGH  CONTRACTING  PARTIFS,  moved  by  sentiments  of  justice  and  hu- 
manity as  well  as  by  the  desire  to  secure  the  permanent  peace  of  the  world, 
agree  to  the  following: 

CHAPTER  I. 
ORGANISATION. 
ARTICLE  387. 

A  permanent  organisation  is  hereby  established  for  the  promotion  of  the 
objects  set  forth  in  the  Preamble. 

The  original  Members  of  the  League  of  Nations  shall  be  the  original  Mem- 
bers of  this  organisation,  and  hereafter  membership  of  the  League  of  Nations 
shall  carry  with  it  membership  of  the  said  organisation. 


640  INTERNATIONAL   RELATIONS 

ARTICLE  388. 

The  permanent  organisation  shall  consist  of : 

(1)  a  General  Conference  of  Representatives  of  the  Members  and, 

(2)  an    International   Labour   Office   controlled   by   the    Governing   Body 
described  in  Article  393. 

ARTICLE  389. 

The  meetings  of  the  General  Conference  of  Representatives  of  the  Mem- 
bers shall  be  held  from  time  to  time  as  occasion  may  require,  and  at  least 
once  in  every  year.  It  shall  be  composed  of  four  Representatives  of  each  of 
the  Members,  of  whom  two  shall  be  Government  Delegates  and  the  two  others 
shall  be  Delegates  representing  respectively  the  employers  and  the  workpeople 
of  each  of  the  Members. 

Each  Delegate  may  be  accompanied  by  advisers,  who  shall  not  exceed  two 
in  number  for  each  item  on  the  agenda  of  the  meeting.  When  questions 
specially  affecting  women  are  to  be  considered  by  the  Conference,  one  at 
least  of  the  advisers  should  be  a  woman. 

The  members  undertake  to  nominate  non-Government  Delegates  and  ad- 
visers chosen  in  agreement  with  the  industrial  organisations,  if  such  organisa- 
tions exist,  which  are  most  representative  of  employers  or  workpeople,  as 
the  case  may  be,  in  their  respective  countries. 

Advisers  shall  not  speak  except  on  a  request  made  by  the  Delegate  whom 
they  accompany  and  by  the  special  authorization  of  the  President  of  the  Con- 
ference, and  may  not  vote. 

A  Delegate  may  by  notice  in  writing  addressed  to  the  President  appoint  one 
of  his  advisers  to  act  as  his  deputy,  and  the  adviser,  while  so  acting,  shall  be 
allowed  to  speak  and  vote. 

The  names  of  the  Delegates  and  their  advisers  will  be  communicated  to 
the  International  Labour  Office  by  the  Government  of  each  of  the  Members. 

The  credentials  of  Delegates  and  their  advisers  shall  be  subject  to  scrutiny 
by  the  Conference,  which  may,  by  two-thirds  of  the  votes  cast  by  the  Delegates 
present,  refuse  to  admit  any  Delegate  or  adviser  whom  it  deems  not  to  have 
been  nominated  in  accordance  with  this  Article. 

ARTICLE  390. 

Every  Delegate  shall  be  entitled  to  vote  individually  on  all  matters  which 
are  taken  into  consideration  by  the  Conference. 

If  one  of  the  Members  fails  to  nominate  one  of  the  non-Government  Dele- 
gates whom  it  is  entitled  to  nominate,  the  other  non-Government  Delegate 
shall  be  allowed  to  sit  and  speak  at  the  Conference,  but  not  to  vote. 

If  in  accordance  with  Article  389  the  Conference  refuses  admission  to  a 
Delegate  of  one  of  the  Members,  the  provisions  of  the  present  Article  shall 
apply  as  if  that  Delegate  had  not  been  nominated. 


TREATY   OF   PEACE  641 

ARTICLE  391. 

The  meetings  of  the  Conference  shall  be  held  at  the  seat  of  the  League  of 
Nations  or  at  such  other  place  as  may  be  decided  by  the  Conference  at  a 
previous  meeting  by  two-thirds  of  the  votes  cast  by  the  Delegates  present. 

ARTICLE  392. 

The  International  Labour  Office  shall  be  established  at  the  seat  of  the 
League  of  Nations  as  part  of  the  organisation  of  the  League. 

ARTICLE  393. 

The  International  Labour  Office  shall  be  under  the  control  of  a  Governing 
Body  consisting  of  twenty-four  persons,  appointed  in  accordance  with  the 
following  provisions : 

The  Governing  Body  of  the  International  Labour  Office  shall  be  constituted 
as  follows : 

Twelve  persons  representing  the  Governments ; 

Six  persons  elected  by  the  Delegates  to  the  Conference  representing  the 
employers ; 

Six  persons  elected  by  the  Delegates  to  the  Conference  representing  the 
workers. 

Of  the  twelve  persons  representing  the  Governments  eight  shall  be  nomi- 
nated by  the  Members  which  are  of  the  chief  industrial  importance,  and  four 
shall  be  nominated  by  the  Members  selected  for  the  purpose  by  the  Govern- 
ment Delegates  to  the  Conference,  excluding  the  Delegates  of  the  eight  Mem- 
bers mentioned  above. 

Any  question  as  to  which  are  the  Members  of  the  chief  industrial  import- 
ance shall  be  decided  by  the  Council  of  the  League  of  Nations. 

The  period  of  office  of  the  Members  of  the  Governing  Body  will  be  three 
years.  The  method  of  filling  vacancies  and  other  similar  questions  may  be 
determined  by  the  Governing  Body  subject  to  the  approval  of  the  Conference. 

The  Governing  Body  shall,  from  time  to  time,  elect  one  of  its  members 
to  act  as  its  Chairman,  shall  regulate  its  own  procedure  and  shall  fix  its 
own  times  of  meeting.  A  special  meeting  shall  be  held  if  a  written  request 
to  that  effect  is  made  by  at  least  ten  members  of  the  Governing  Body. 

ARTICLE  394. 

There  shall  be  a  Director  of  the  International  Labour  Office,  who  shall 
be  appointed  by  the  Governing  Body,  and,  subject  to  the  instructions  of  the 
Governing  Body,  shall  be  responsible  for  the  efficient  conduct  of  the  Inter- 
national Labour  Office  and  for  such  other  duties  as  may  be  assigned  to  him. 

The  Director  or  his  deputy  shall  attend  all  meetings  of  the  Governing  Body. 


642  INTERNATIONAL   RELATIONS 

ARTICLE  395. 

The  staff  of  the  International  Labour  Office  shall  be  appointed  by  the 
Director,  who  shall,  so  far  as  is  possible  with  due  regard  to  the  efficiency  of 
the  work  of  the  Office,  select  persons  of  different  nationalities.  A  certain 
number  of  these  persons  shall  be  women. 

ARTICLE  396. 

The  functions  of  the  International  Labour  Office  shall  include  the  col- 
lection and  distribution  of  information  on  all  subjects  relating  to  the 
international  adjustment  of  conditions  of  industrial  life  and  labour,  and 
particularly  the  examination  of  subjects  which  it  is  proposed  to  bring  before 
the  Conference  with  a  view  to  the  conclusion  of  international  conventions, 
and  the  conduct  of  such  special  investigations  as  may  be  ordered  by  the 
Conference. 

It  will  prepare  the  agenda  for  the  meetings  of  the  Conference. 

It  will  carry  out  the  duties  required  of  it  by  the  provisions  of  this  Part 
of  the  present  Treaty  in  connection  with  international  disputes. 

It  will  edit  and  publish  in  French  and  English,  and  in  such  other  languages 
as  the  Governing  Body  may  think  desirable,  a  periodical  paper  dealing  with 
problems  of  industry  and  employment  of  international  interest. 

Generally,  in  addition  to  the  functions  set  out  in  this  Article,  it  shall  have 
such  other  powers  and  duties  as  may  be  assigned  to  it  by  the  Conference. 

ARTICLE  397. 

The  Government  Departments  of  any  of  the  Members  which  deal  with 
questions  of  industry  and  employment  may  communicate  directly  with  the 
Director  through  the  Representative  of  their  Government  on  the  Governing 
Body  of  the  International  Labour  Office,  or  failing  any  such  Representative, 
through  such  other  qualified  official  as  the  Government  may  nominate  for  the 
purpose. 

ARTICLE  398. 

The  International  Labour  Office  shall  be  entitled  to  the  assistance  of  the 
Secretary-General  of  the  League  of  Nations  in  any  matter  in  which  it  can 
be  given. 

ARTICLE  399. 

Each  of  the  Members  will  pay  the  travelling  and  subsistence  expenses  of 
its  Delegates  and  their  advisers  and  of  its  Representatives  attending  the 
meetings  of  the  Conference  or  Governing  Body,  as  the  case  may  be. 

All  the  other  expenses  of  the  International  Labour  Office  and  of  the 
meetings  of  the  Conference  or  Governing  Body  shall  be  paid  to  the  Director 
by  the  Secretary-General  of  the  League  of  Nations  out  of  the  general 
funds  of  the  League. 

The  Director  shall  be  responsible  to  the  Secretary-General  of  the  League 


TREATY    OF   PEACE  643 

for  the  proper  expenditure  of  all  moneys  paid  to  him  in  pursuance  of  this 
Article. 

CHAPTER  II. 

PROCEDURE. 

ARTICLE  400. 

The  agenda  for  all  meetings  of  the  Conference  will  be  settled  by  the 
Governing  Body,  who  shall  consider  any  suggestion  as  to  the  agenda  that 
may  be  made  by  the  Government  of  any  of  the  Members  or  by  any  re- 
presentative organisation  recognised  for  the  purpose  of  Article  389. 

ARTICLE  401. 

The  Director  shall  act  as  the  Secretary  of  the  Conference,  and  shall 
transmit  the  agenda  so  as  to  reach  the  Members  four  months  before  the 
meeting  of  the  Conference,  and,  through  them,  the  non-Government  Dele- 
gates when  appointed. 

ARTICLE  402. 

Any  of  the  Governments  of  the  Members  may  formally  object  to  the 
inclusion  of  any  item  or  items  in  the  agenda.  The  grounds  for  such  objection 
shall  be  set  forth  in  a  reasoned  statement  addressed  to  the  Director,  who 
shall  circulate  it  to  all  the  Members  of  the  Permanent  Organisation. 

Items  to  which  such  objection  has  been  made  shall  not,  however,  be 
excluded  from  the  agenda,  if  at  the  Conference  a  majority  of  two-thirds  of 
the  votes  cast  by  the  Delegates  present  is  in  favour  of  considering  them. 

If  the  Conference  decides  (otherwise  than  under  the  preceding  paragraph) 
by  two-thirds  of  the  votes  cast  by  the  Delegates  present  that  any  subject 
shall  be  considered  by  the  Conference,  that  subject  shall  be  included  in  the 
agenda  for  the  following  meeting. 

ARTICLE  403. 

The  Conference  shall  regulate  its  own  procedure,  shall  elect  its  own  Presi- 
dent, and  may  appoint  committees  to  consider  and  report  on  any  matter. 

Except  as  otherwise  expressly  provided  in  this  Part  of  the  present  Treaty, 
all  matters  shall  be  decided  by  a  simple  majority  of  the  votes  cast  by  the  Dele- 
gates present. 

The  voting  is  void  unless  the  total  number  of  votes  cast  is  equal  to  half 
the  number  of  the  Delegates  attending  the  Conference. 

ARTICLE  404. 

The  Conference  may  add  to  any  committees  which  it  appoints  technical 
experts,  who  shall  be  assessors  without  power  to  vote. 


644  INTERNATIONAL   RELATIONS 

ARTICLE  405. 

When  the  Conference  has  decided  on  the  adoption  of  proposals  with  regard 
to  an  item  in  the  agenda,  it  will  rest  with  the  Conference  to  determine  whether 
these  proposals  should  take  the  form:  (a)  of  a  recommendation  to  be  sub- 
mitted to  the  Members  for  consideration  with  a  view  to  effect  being  given  to 
it  by  national  legislation  or  otherwise,  or  (&)  of  a  draft  international  con- 
vention for  ratification  by  the  Members. 

In  either  case  a  majority  of  two-thirds  of  the  votes  cast  by  the  Delegates 
present  shall  be  necessary  on  the  final  vote  for  the  adoption  of  the  recommen- 
dation or  draft  convention,  as  the  case  may  be,  by  the  Conference. 

In  framing  any  recommendation  or  draft  convention  of  general  application 
the  Conference  shall  have  due  regard  to  those  countries  in  which  climatic 
conditions,  the  imperfect  development  of  industrial  organisation  or  other 
special  circumstances  make  the  industrial  conditions  substantially  different  and 
shall  suggest  the  modifications,  if  any,  which  it  considers  may  be  required  to 
meet  the  case  of  such  countries. 

A  copy  of  the  recommendation  or  draft  convention  shall  be  authenticated 
by  the  signature  of  the  President  of  the  Conference  and  of  the  Director  and 
shall  be  deposited  with  the  Secretary-General  of  the  League  of  Nations.  The 
Secretary-General  will  communicate  a  certified  copy  of  the  recommendation  or 
draft  convention  to  each  of  the  Members. 

Each  of  the  Members  undertakes  that  it  will,  within  the  period  of  one  year 
at  most  from  the  closing  of  the  session  of  the  Conference,  or  if  it  is  impos- 
sible owing  to  exceptional  circumstances  to  do  so  within  the  period  of  one 
year,  then  at  the  earliest  practicable  moment  and  in  no  case  later  than  eighteen 
months  from  the  closing  of  the  session  of  the  Conference,  bring  the  recom- 
mendation or  draft  convention  before  the  authority  or  authorities  within 
whose  competence  the  matter  lies,  for  the  enactment  of  legislation  or  other 
action. 

In  the  case  of  a  recommendation,  the  Members  will  inform  the  Secretary- 
General  of  the  action  taken. 

In  the  case  of  a  draft  convention,  the  Member  will,  if  it  obtains  the  con- 
sent of  the  authority  or  authorities  within  whose  competence  the  matter  lies, 
communicate  the  formal  ratification  of  the  convention  to  the  Secretary- 
General  and  will  take  such  action  as  may  be  necessary  to  make  effective  the 
provisions  of  such  convention. 

If  on  a  recommendation  no  legislative  or  other  action  is  taken  to  make  a 
recommendation  effective,  or  if  the  draft  convention  fails  to  obtain  the  con- 
sent of  the  authority  or  authorities  within  whose  competence  the  matter  lies, 
no  further  obligation  shall  rest  upon  the  Member. 

In  the  case  of  a  federal  State,  the  power  of  which  to  enter  into  conventions 
on  labour  matters  is  subject  to  limitations,  it  shall  be  in  the  discretion  of  that 
Government  to  treat  a  draft  convention  to  which  such  limitations  apply  as  a 
recommendation  only,  and  the  provisions  of  this  Article  with  respect  to 
recommendations  shall  apply  in  such  case. 


TREATY   OF   PEACE  645 

The  above  Article  shall  be  interpreted  in  accordance  with  the  following 
principle : 

In  no  case  shall  any  Member  be  asked  or  required,  as  a  result  of  the  adop- 
tion of  any  recommendation  or  draft  convention  by  the  Conference,  to  lessen 
the  protection  afforded  by  its  existing  legislation  to  the  workers  concerned. 

ARTICLE  406. 

Any  convention  so  ratified  shall  be  registered  by  the  Secretary-General  of 
the  League  of  Nations,  but  shall  only  be  binding  upon  the  Members  which 
ratify  it. 

ARTICLE  407. 

If  any  convention  coming  before  the  Conference  for  final  consideration  fails 
to  secure  the  support  of  two-thirds  of  the  votes  cast  by  the  Delegates  present, 
it  shall  nevertheless  be  within  the  right  of  any  of  the  Members  of  the  Perma- 
nent Organisation  to  agree  to  such  convention  among  themselves. 

Any  convention  so  agreed  to  shall  be  communicated  by  the  Governments 
concerned  to  the  Secretary-General  of  the  League  of  Nations,  who  shall 
register  it. 

ARTICLE  408. 

Each  of  the  Members  agrees  to  make  an  annual  report  to  the  International 
Labour  Office  on  the  measures  which  it  has  taken  to  give  effect  to  the  pro- 
visions of  conventions  to  which  it  is  a  party.  These  reports  shall  be  made 
in  such  form  and  shall  contain  such  particulars  as  the  Governing  Body  may 
request.  The  Director  shall  lay  a  summary  of  these  reports  before  the  next 
meeting  of  the  Conference. 

ARTICLE  409. 

In  the  event  of  any  representation  being  made  to  the  International  Labour 
Office  by  an  industrial  association  of  employers  or  of  workers  that  any  of  the 
Members  has  failed  to  secure  in  any  respect  the  effective  observance  within 
its  jurisdiction  of  any  convention  to  which  it  is  a  party,  the  Governing  Body 
may  communicate  this  representation  to  the  Government  against  which  it  is 
made  and  may  invite  that  Government  to  make  such  statement  on  the  subject 
as  it  may  think  fit. 

ARTICLE  410. 

If  no  statement  is  received  within  a  reasonable  time  from  the  Government 
in  question,  or  if  the  statement  when  received  is  not  deemed  to  be  satisfactory 
by  the  Governing  Body,  the  latter  shall  have  the  right  to  publish  the  represen- 
tation and  the  statement,  if  any,  made  in  reply  to  it. 

ARTICLE  411. 

Any  of  the  Members  shall  have  the  right  to  file  a  complaint  with  the  In- 
ternational Labour  Office  if  it  is  not  satisfied  that  any  other  Member  is  se- 


646  INTERNATIONAL   RELATIONS 

curing  the  effective  observance  of  any  convention  which  both  have  ratified  in 
accordance  with  the  foregoing  Articles. 

The  Governing  Body  may,  if  it  thinks  fit,  before  referring  such  a  complaint 
to  a  Commission  of  Enquiry,  as  hereinafter  provided  for,  communicate  with 
the  Government  in  question  in  the  manner  described  in  Article  409. 

If  the  Governing  Body  does  not  think  it  necessary  to  communicate  the 
complaint  to  the  Government  in  question,  or  if,  when  they  have  made  such 
communication,  no  statement  in  reply  has  been  received  within  a  reasonable 
time  which  the  Governing  Body  considers  to  be  satisfactory,  the  Governing 
Body  may  apply  for  the  appointment  of  a  Commission  of  Enquiry  to  consider 
the  complaint  and  to  report  thereon. 

The  Governing  Body  may  adopt  the  same  procedure  either  of  its  own  mo- 
tion or  on  receipt  of  a  complaint  from  a  Delegate  to  the  Conference. 

When  any  matter  arising  out  of  Articles  410  or  411  is  being  considered  by 
the  Governing  Body,  the  Government  in  question  shall,  if  not  already  repre- 
sented thereon,  be  entitled  to  send  a  representative  to  take  part  in  the  pro- 
ceedings of  the  Governing  Body  while  the  matter  is  tinder  consideration. 
Adequate  notice  of  the  date  on  which  the  matter  will  be  considered  shall  be 
given  to  the  Government  in  question. 

ARTICLE  412. 

The  Commission  of  Enquiry  shall  be  constituted  in  accordance  with  the 
following  provisions : 

Each  of  the  Members  agrees  to  nominate  within  six  months  of  the  date  on 
which  the  present  Treaty  comes  into  force  three  persons  of  industrial  exper- 
ience, of  whom  one  shall  be  a  representative  of  employers,  one  a  representa- 
tive of  workers,  and  one  a  person  of  independent  standing,  who  shall  to- 
gether form  a  panel  from  which  the  Members  of  the  Commission  of 
Enquiry  shall  be  drawn. 

The  qualifications  of  the  persons  so  nominated  shall  be  subject  to  scrutiny 
by  the  Governing  Body,  which  may  by  two-thirds  of  the  votes  cast  by  the 
representatives  present  refuse  to  accept  the  nomination  of  any  person  whose 
qualifications  do  not  in  its  opinion  comply  with  the  requirements  of  the  pres- 
ent Article. 

Upon  the  application  of  the  Governing  Body,  the  Secretary-General 
of  the  League  of  Nations  shall  nominate  three  persons,  one  from  each  section 
of  this  panel,  to  constitute  the  Commission  of  Enquiry,  and  shall  designate 
one  of  them  as  the  President  of  the  Commission.  None  of  these  three 
persons  shall  be  a  person  nominated  to  the  panel  by  any  Member  directly 
concerned  in  the  complaint. 

ARTICLE  413. 

The  Members  agree  that,  in  the  event  of  the  reference  of  a  complaint  to  a 
Commission  of  Enquiry  under  Article  411,  they  will  each,  whether  directly 
concerned  in  the  complaint  or  not,  place  at  the  disposal  of  the  Commission 


TREATY    OF    PEACE  647 

all  the  information  in  their  possession  which  bears  upon  the  subject-matter 
of  the  complaint. 

ARTICLE  414. 

When  the  Commission  of  Enquiry  has  fully  considered  the  complaint,  it 
shall  prepare  a  report  embodying  its  findings  on  all  questions  of  fact  relevant 
to  determining  the  issue  between  the  parties  and  containing  such  recommenda- 
tions as  it  may  think  proper  as  to  the  steps  which  should  be  taken  to  meet  the 
complaint  and  the  time  within  which  they  should  be  taken. 

It  shall  also  indicate  in  this  report  the  measures,  if  any,  of  an  economic 
character  against  a  defaulting  Government  which  it  considers  to  be  appro- 
priate, and  which  it  considers  other  Governments  would  be  justified  in 
adopting. 

ARTICLE  415. 

The  Secretary-General  of  the  League  of  Nations  shall  communicate  the 
report  of  the  Commission  of  Enquiry  to  each  of  the  Governments  concerned 
in  the  complaint,  and  shall  cause  it  to  be  published. 

Each  of  these  Governments  shall  within  one  month  inform  the  Secretary- 
General  of  the  League  of  Nations  whether  or  not  it  accepts  the  recommenda- 
tions contained  in  the  report  of  the  Commission ;  and  if  not,  whether  it  pro- 
poses to  refer  the  complaint  to  the  Permanent  Court  of  International  Justice 
of  the  League  of  Nations. 

ARTICLE  416. 

In  the  event  of  any  Member  failing  to  take  the  action  required  by  Article 
405,  with  regard  to  a  recommendation  or  draft  Convention,  any  other  Member 
shall  be  entitled  to  refer  the  matter  to  the  Permanent  Court  of  International 
Justice. 

ARTICLE  417. 

The  decision  of  the  Permanent  Court  of  International  Justice  in  regard 
to  a  complaint  or  matter  which  has  been  referred  to  it  in  pursuance  of  Article 
415  or  Article  416  shall  be  final. 

ARTICLE  418. 

The  Permanent  Court  of  International  Justice  may  affirm,  vary  or  reverse 
any  of  the  findings  or  recommendations  of  the  Commission  of  Enquiry,  if  any, 
and  shall  in  its  decision  indicate  the  measures,  if  any,  of  an  economic 
character  which  it  considers  to  be  appropriate,  and  which  other  Govern- 
ments would  be  justified  in  adopting  against  a  defaulting  Government. 

ARTICLE  419. 

In  the  event  of  any  Member  failing  to  carry  out  within  the  time  specified 
the  recommendations,  if  any,  contained  in  the  report  of  the  Commission  of 
Enquiry,  or  in  the  decision  of  the  Permanent  Court  of  International  Justice, 


648  INTERNATIONAL  RELATIONS 

as  the  case  may  be,  any  other  Member  may  take  against  that  Member  the 
measures  of  an  economic  character  indicated  in  the  report  of  the  Com- 
mission or  in  the  decision  of  the  Court  as  appropriate  to  the  case. 

ARTICLE  420. 

The  defaulting  Government  may  at  any  time  inform  the  Governing  Body 
that  it  has  taken  the  steps  necessary  to  comply  with  the  recommendations 
of  the  Commission  of  Enquiry  or  with  those  in  the  decision  of  the  Permanent 
Court  of  International  Justice,  as  the  case  may  be,  and  may  request  it  to 
apply  to  the  Secretary-General  of  the  League  to  constitute  a  Commission  of 
Enquiry  to  verify  its  contention.  In  this  case  the  provisions  of  Articles 
412,  413,  414,  415,  417  and  418  shall  apply,  and  if  the  report  of  the  Com- 
mission of  Enquiry  or  the  decision  of  the  Permanent  Court  of  International 
Justice  is  in  favour  of  the  defaulting  Government,  the  other  Governments 
shall  forthwith  discontinue  the  measures  of  an  economic  character  that  they 
have  taken  against  the  defaulting  Government. 

CHAPTER  III. 

GENERAL. 

ARTICLE  421. 

The  Members  engage  to  apply  conventions  which  they  have  ratified  in 
accordance  with  the  provisions  of  this  Part  of  the  present  Treaty  to  their 
colonies,  protectorates  and  possessions  which  are  not  fully  self-governing. 

(1)  Except  where  owing  to  the  local  conditions  the  convention  is  inappli- 
cable, or 

(2)  Subject   to    such   modifications    as    may  be   necessary   to    adapt    the 
convention  to  local  conditions. 

And  each  of  the  Members  shall  notify  to  the  International  Labour  Office  the 
action  taken  in  respect  of  each  of  its  colonies,  protectorates  and  possessions 
which  are  not  fully  self-governing. 

ARTICLE  422. 

Amendments  to  this  Part  of  the  present  Treaty  which  are  adopted  by  the 
Conference  by  a  majority  of  two-thirds  of  the  votes  cast  by  the  Delegates 
present  shall  take  effect  when  ratified  by  the  States  whose  representatives 
compose  the  Council  of  the  League  of  Nations  and  by  three-fourths  of  the 
Members. 

ARTICLE  423. 

Any  question  or  dispute  relating  to  the  interpretation  of  this  Part  of  the 
present  Treaty  or  of  any  subsequent  convention  concluded  by  the  Members 
in  pursuance  of  the  provisions  of  this  Part  of  the  present  Treaty  shall  be 
referred  for  decision  to  the  Permanent  Court  of  International  Justice. 


TREATY   OF   PEACE  649 

CHAPTER  IV. 

TRANSITORY    PROVISIONS. 

ARTICLE  424. 

The  first  meting  of  the  Conference  shall  take  place  in  October,  1919. 
The  place  and  agenda  for  this  meeting  shall  be  as  specified  in  the  Annex 
hereto. 

Arrangements  for  the  convening  and  the  organisation  of  the  first  meeting 
of  the  Conference  will  be  made  by  the  Government  designated  for  the 
purpose  in  the  said  Annex.  That  Government  shall  be  assisted  in  the 
preparation  of  the  documents  for  submission  to  the  Conference  by  an 
International  Committee  constituted  as  provided  in  the  said  Annex. 

The  expenses  of  the  first  meeting  and  of  all  subsequent  meetings  held 
before  the  League  of  Nations  has  been  able  to  establish  a  general  fund, 
other  than  the  expenses  of  Delegates  and  their  advisers,  will  be  borne  by 
the  Members  in  accordance  with  the  apportionment  of  the  expenses  of  the 
International  Bureau  of  the  Universal  Postal  Union. 

ARTICLE  425. 

Until  the  League  of  Nations  has  been  constituted  all  communications  which 
under  the  provisions  of  the  foregoing  Articles  should  be  addressed  to  the 
Secretary-General  of  the  League  will  be  preserved  by  the  Director  of  the 
International  Labour  Office,  who  will  transmit  them  to  the  Secretary- 
General  of  the  League. 

ARTICLE  426. 

Pending  the  creation  of  a  Permanent  Court  of  International  Justice  disputes 
which  in  accordance  with  this  Part  of  the  present  Treaty  would  be  submitted 
to  it  for  decision  will  be  referred  to  a  tribunal  of  three  persons  appointed 
by  the  Council  of  the  League  of  Nations. 

ANNEX. 

FIRST    MEETING  OF   ANNUAL  LABOUR   CONFERENCE,    1919. 

The  place  of  meeting  will  be  Washington. 

The  Government  of  the  United  States  of  America  is  requested  to  convene 
the  Conference. 

The  International  Organising  Committee  will  consist  of  seven  Members, 
appointed  by  the  United  States  of  America,  Great  Britain,  France,  Italy, 
Japan,  Belgium  and  Switzerland.  The  Committee  may,  if  it  thinks  necessary, 
invite  other  Members  to  appoint  representatives. 

Agenda : 

(1)  Application  of  principle  of  the  8-hours  day  or  of  the  48-hours  week. 

(2)  Question  of  preventing  or  providing  against  unemployment. 


6so  INTERNATIONAL   RELATIONS 

(3)  Women's  employment: 

(a)  Before  and  after  child-birth,  including  the  question  of  mater- 
nity benefit; 
(&)  During  the  night; 
(c)  In  unhealthy  processes. 

(4)  Employment  of  children : 

(a)  Minimum  age  of  employment; 
(6)  During  the  night; 
(c)  In  unhealthy  processes. 

(5)  Extension  and  application  of  the  International  Conventions  adopted  at 
Berne  in   1906  on  the  prohibition  of   night  work  for  women  employed  in 
industry  and  the  prohibition  of  the  use  of  white  phosphorus  in  the  manu- 
facture of  matches. 

SECTION  II. 

GENERAI,  PRINCIPLES. 

ARTICLE  427. 

The  High  Contracting  Parties,  recognising  that  the  well-being,  physical, 
moral  and  intellectual,  of  industrial  wage-earners  is  of  supreme  international 
importance,  have  framed,  in  order  to  further  this  great  end,  the  permanent 
machinery  provided  for  in  Section  I  and  associated  with  that  of  the  League 
of  Nations. 

They  recognise  that  differences  of  climate,  habits  and  customs,  of  economic 
opportunity  and  industrial  tradition,  make  strict  uniformity  in  the  conditions 
of  labour  difficult  of  immediate  attainment.  But,  holding  as  they  do,  that 
labour  should  not  be  regarded  merely  as  an  article  of  commerce,  they  think 
that  there  are  methods  and  principles  for  regulating  labour  conditions  which 
all  industrial  communities  should  endeavour  to  apply,  so  far  as  their  special 
circumstances  will  permit. 

Among  these  methods  and  principles,  the  following  seem  to  the  High  Con- 
tracting Parties  to  be  of  special  and  urgent  importance :  . 

First. — The  guiding  principle  above  enunciated  that  labour  should  not  be 
regarded  merely  as  a  commodity  or  article  of  commerce. 

Second. — The  right  of  association  for  all  lawful  purposes  by  the  employed 
as  well  as  by  the  employers. 

Third. — The  payment  to  the  employed  of  a  wage  adequate  to  maintain  a 
reasonable  standard  of  life  as  this  is  understood  in  their  time  and  country. 

Fourth. — The  adoption  of  an  eight  hours  day  or  a  forty-eight  hours  week 
as  the  standard  to  be  aimed  at  where  it  has  not  already  been  attained. 

Fifth. — The  adoption  of  a  weekly  rest  of  at  least  twenty-four  hours, 
which  should  include  Sunday  wherever  practicable. 

Sixth. — The  abolition  of  child  labour  and  the  imposition  of  such  limitations 
on  the  labour  of  young  persons  as  shall  permit  the  continuation  of  their 
education  and  assure  their  proper  physical  development. 


TREATY   OF   PEACE  651 

Seventh. — The  principle  that  men  and  women  should  receive  equal  re- 
muneration for  work  of  equal  value. 

Eighth. — The  standard  set  by  law  in  each  country  with  respect  to  the 
conditions  of  labour  should  have  due  regard  to  the  equitable  economic  treat- 
ment of  all  workers  lawfully  resident  therein. 

Ninth. — Each  State  should  make  provision  for  a  system  of  inspection  in 
which  women  should  take  part,  in  order  to  ensure  the  enforcement  of  the 
laws  and  regulations  for  the  protection  of  the  employed. 

Without  claiming  that  these  methods  and  principles  are  either  complete  or 
final,  the  High  Contracting  Parties  are  of  opinion  that  they  are  well  fitted  to 
guide  the  policy  of  the  League  of  Nations;  and  that,  if  adopted  by  the 
industrial  communities  who  are  members  of  the  League,  and  safeguarded  in 
practice  by  an  adequate  system  of  such  inspection,  they  will  confer  lasting 
benefits  upon  the  wage-earners  of  the  world. 


PART  XIV. 

GUARANTEES. 

SECTION  I. 

WESTERN  EUROPE. 

ARTICLE  428. 

As  a  guarantee  for  the  execution  of  the  present  Treaty  by  Germany,  the 
German  territory  situated  to  the  west  of  the  Rhine,  together  with  the  bridge- 
heads, will  be  occupied  by  Allied  and  Associated  troops  for  a  period  of  fifteen 
years  from  the  coming  into  force  of  the  present  Treaty. 

ARTICLE  429. 

If  the  conditions  of  the  present  Treaty  are  faithfully  carried  out  by 
Germany,  the  occupation  referred  to  in  Article  428  will  be  successively 
restricted  as  follows : 

(1)  At  the  expiration  of  five  years  there  will  be  evacuated:  the  bridge- 
head  of    Cologne   and    the   territories   north   of   a   line    running   along   the 
Ruhr,  then  along  the  railway  Julich,  Duren.  Euskirchen,  Rheinbach,  thence 
along  the  road  Rheinbach  to  Sinzig,  and  reaching  the  Rhine  at  the  confluence 
with    the    Ahr ;    the    roads,    railways    and    places    mentioned    above    being 
excluded  from  the  area  evacuated. 

(2)  At  the  expiration  of  ten  years  there  will  be  evacuated :  the  bridge- 
head of  Coblenz  and  the  territories  north  of  a  line  to  be  drawn  from  the 
intersection    between    the    frontiers    of    Belgium,    Germany    and    Holland, 
running  about   from  4  kilometres   south   of   Aix  la-Chapelle,   then   to  and 
following  the  crest  of  Forst  Gemiind,  then  east  of  the  railway  of  the  Urft 
Valley,  then  along  Blankenheim,  Valdorf,  Dreis,  Ulmen  to  and  following  the 


652  INTERNATIONAL   RELATIONS 

Moselle  from  Bremm  to  Nehren,  then  passing  by  Kappel  and  Simmern,  then 
following  the  ridge  of  the  heights  between  Simmern  and  the  Rhine  and 
reaching  this  river  at  Bacharach;  all  places,  valleys,  roads  and  railways 
mentioned  above  being  excluded  from  the  area  evacuated. 

(3)  At  the  expiration  of  fifteen  years  there  will  be  evacuated:  the 
bridgehead  of  Mainz,  the  bridgehead  of  Kehl  and  the  remainder  of  the 
German  territory  under  occupation. 

If  at  that  date  the  guarantees  against  unprovoked  aggression  by  Germany 
are  not  considered  sufficient  by  the  Allied  and  Associated  Governments, 
the  evacuation  of  the  occupying  troops  may  be  delayed  to  the  extent  regarded 
as  necessary  for  the  purpose  of  obtaining  the  required  guarantees. 

ARTICLE  430. 

In  case  either  during  the  occupation  or  after  the  expiration  of  the  fifteen 
years  referred  to  above  the  Reparation  Commission  finds  that  Germany 
refuses  to  observe  the  whole  or  part  of  her  obligations  under  the  present 
Treaty  with  regard  to  reparation,  the  whole  or  part  of  the  areas  specified  in 
Article  429  will  be  re-occupied  immediately  by  the  Allied  and  Associated 
forces. 

ARTICLE  431. 

If  before  the  expiration  of  the  period  of  fifteen  years  Germany  complies 
with  all  the  undertakings  resulting  from  the  present  Treaty,  the  occupying 
forces  will  be  withdrawn  immediately. 

ARTICLE  432. 

All  matters  relating  to  the  occupation  and  not  provided  for  by  the  present 
Treaty  shall  be  regulated  by  subsequent  agreements,  which  Germany  hereby 
undertakes  to  observe. 

SECTION  II. 

EASTERN  EUROPE. 

ARTICLE  433- 

As  a  guarantee  for  the  execution  of  the  provisions  of  the  present  Treaty, 
by  which  Germany  accepts  definitely  the  abrogation  of  the  Brest-Litovsk 
Treaty,  and  of  all  treaties,  conventions  and  agreements  entered  into  by  her 
with  the  Maximalist  Government  in  Russia,  and  in  order  to  ensure  the 
restoration  of  peace  and  good  government  in  the  Baltic  Provinces  and 
Lithuania,  all  German  troops  at  present  in  the  said  territories  shall  return  to 
within  the  frontiers  of  Germany  as  soon  as  the  Governments  of  the  Principal 
Allied  and  Associated  Powers  shall  think  the  moment  suitable,  having  regard 
to  the  internal  situation  of  these  territories.  These  troops  shall  abstain  from 
all  requisitions  and  seizures  and  from  any  other  coercive  measures,  with  a 


TREATY   OF   PEACE  653 

view  to  obtaining  supplies  intended  for  Germany,  and  shall  in  no  way  interfere 
with  such  measures  for  national  defence  as  may  be  adopted  by  the  Pro- 
visional Governments  of  Esthonia,  Latvia  and  Lithuania. 

No  other  German  troops  shall,  pending  the  evacuation  or  after  the  evacua- 
tion is  complete,  be  admitted  to  the  said  territories. 

PART  XV. 

MISCELLANEOUS  PROVISIONS. 
ARTICLE  434. 

Germany  undertakes  to  recognise  the  full  force  of  the  Treaties  of  Peace 
and  Additional  Conventions  which  may  be  concluded  by  the  Allied  and 
Associated  Powers  with  the  Powers  who  fought  on  the  side  of  Germany  and 
to  recognise  whatever  dispositions  may  be  made  concerning  the  territories  of 
the  former  Austro-Hungarian  Monarchy,  of  the  Kingdom  of  Bulgaria  and 
of  the  Ottoman  Empire,  and  to  recognise  the  new  States  within  their 
frontiers  as  there  laid  down. 

ARTICLE  435. 

The  High  Contracting  Parties,  while  they  recognize  the  guarantees 
stipulated  by  the  Treaties  of  1815,  and  especially  by  the  Act  of  November 
20,  1815,  in  favour  of  Switzerland,  the  said  guarantees  constituting  inter- 
national obligations  for  the  maintenance  of  peace,  declare  nevertheless 
that  the  provisions  of  these  treaties,  conventions,  declarations  and  other 
supplementary  Acts  concerning  the  neutralized  zone  of  Savoy,  as  laid  down 
in  paragraph  i  of  Article  92  of  the  Final  Act  of  the  Congress  of  Vienna  and 
in  paragraph  2  of  Article  3  of  the  Treaty  of  Paris  of  November  20,  1815,  are 
no  longer  consistent  with  present  conditions.  For  this  reason  the  High  Con- 
tracting Parties  take  note  of  the  agreement  reached  between  the  French 
Government  and  the  Swiss  Government  for  the  abrogation  of  the  stipula- 
tions relating  to  this  zone  which  are  and  remain  abrogated. 

The  High  Contracting  Parties  also  agree  that  the  stipulations  of  the 
Treaties  of  1815  and  of  the  other  supplementary  Acts  concerning  the  free 
zones  of  Upper  Savoy  and  the  Gex  district  are  no  longer  consistent  with 
present  conditions,  and  that  it  is  for  France  and  Switzerland  to  come  to  an 
agreement  together  with  a  view  to  settling  between  themselves  the  status 
of  these  territories  under  such  conditions  as  shall  be  considered  suitable  by 
both  countries. 

ANNEX. 

I 

The  Swiss  Federal  Council  has  informed  the  French  Government  on  May 
5,  1919,  that  after  examining  the  provisions  of  Article  435  in  a  like  spirit 
of  sincere  friendship  it  has  happily  reached  the  conclusion  that  it  was  possible 


654 

to  acquiesce  in   it  under  the   following  conditions  and  reservations : 

(1)  The  neutralized  zone  of  Haute-Savoie : 

(a)  It  will  be  understood  that  as  long  as  the  Federal  Chambers  have  not 
ratified  the  agreement  come  to   between  the   two   Governments  concerning 
the  abrogation  of  the  stipulations  in  respect  of  the  neutralized  zone  of  Savoy, 
nothing  will  be  definitively  settled,  on  one  side  or  the  other,  in  regard  to  this 
subject. 

(b)  The  assent  given  by  the  Swiss  Government  to  the  abrogation  of  the 
above-mentioned  stipulations  presupposes,  in  conformity  with  the  text  adopted, 
the  recognition  of  the  guarantees  formulated  in  favour  of   Switzerland  by 
the  Treaties  of  1815  and  particularly  by  the  Declaration  of  November  20,  1815. 

(c)  The  agreement  between  the  Governments  of  France  and  Switzerland 
for  the  abrogation   of   the  above-mentioned  stipulations  will  only  be   con- 
sidered as  valid  if  the  Treaty  of  Peace  contains  this  Article  in  its  present 
wording.    In  addition  the  Parties  to  the  Treaty  of  Peace  should  endeavour 
to  obtain  the  assent  of  the  signatory  Powers  of  the  Treaties  of  1815  and  of 
the  Declaration   of   November  20,    1815,   which   are  not   signatories   of   the 
present  Treaty  of  Peace. 

(2)  Free  zone  of  Haute-Savoie  and  the  district  of  Gcx : 

(a)  The  Federal  Council  makes  the  most  express  reservations  to  the 
interpretation  to  be  given  to  the  statement  mentioned  in  the  last  paragraph 
of  the  above  Article  for  insertion  in  the  Treaty  of  Peace,  which  provides  that 
"the  stipulations  of  the  Treaties  of  1815  and  other  supplementary  acts 
concerning  the  free  zones  of  Haute-Savoie  and  the  Gex  district  are  no  longer 
consistent  with  present  conditions."  The  Federal  Council  would  not  wish 
that  its  acceptance  of  the  above  wording  should  lead  to  the  conclusion  that  it 
would  agree  to  the  suppression  of  a  system  intended  to  give  neighbouring 
territory  the  benefit  of  a  special  regime  which  is  appropriate  to  the 
geographical  and  economical  situation  and  which  has  been  well  tested. 

In  the  opinion  of  the  Federal  Council  the  question  is  not  the  modification  of 
the  customs  system  of  the  zones  as  set  up  by  the  Treaties  mentioned  above, 
but  only  the  regulation  in  a  manner  more  appropriate  to  the  economic  con- 
ditions of  the  present  day  of  the  terms  of  the  exchange  of  goods  between 
the  regions  in  question.  The  Federal  Council  has  been  led  to  make  the 
preceding  observations  by  the  perusal  of  the  draft  Convention  concerning 
the  future  constitution  of  the  zones  which  was  annexed  to  the  note  of 
April  26  from  the  French  Government.  While  making  the  above  reserva- 
tions the  Federal  Council  declares  its  readiness  to  examine  in  the  most 
friendly  spirit  any  proposals  which  the  French  Government  may  deem  it 
convenient  to  make  on  the  subject. 

(6)  It  is  conceded  that  the  stipulations  of  the  Treaties  of  1815  and  other 
supplementary  acts  relative  to  the  free  zones  will  remain  in  force  until  a 
new  arrangement  is  come  to  between  France  and  Switzerland  to  regulate 
matters  in  this  territory. 


TREATY   OF   PEACE  655 

II 

The  French  Government  have  addressed  to  the  Swiss  Government,  on 
May  18,  1919,  the  following  note  in  reply  to  the  communication  set  out  in  the 
preceding  paragraph : 

In  a  note  dated  May  5  the  Swiss  Legation  in  Paris  was  good  enough  to 
inform  the  Government  of  the  French  Republic  that  the  Federal  Government 
adhered  to  the  proposed  Article  to  be  inserted  in  the  Treaty  of  Peace 
between  the  Allied  and  Associated  Governments  and  Germany. 

The  French  Government  have  taken  note  with  much  pleasure  of  the 
agreement  thus  reached,  and,  at  their  request,  the  proposed  Article,  whicji 
had  been  accepted  by  the  Allied  and  Associated  Governments,  has  been 
inserted  under  No.  435  in  the  Peace  conditions  presented  to  the  German 
Plenipotentiaries. 

The  Swiss  Government,  in  their  note  of  May  5  on  this  subject,  have  ex- 
pressed various  views  and  reservations. 

Concerning  the  observations  relating  to  the  free  zones  of  Haute-Savoie 
and  the  Gex  district,  the  French  Government  have  the  honour  to  observe 
that  the  provisions  of  the  last  paragraph  of  Article  435  are  so  clear  that 
their  purport  cannot  be  misapprehended,  especially  where  it  implies  that  no 
other  Power  but  France  and  Switzerland  will  in  future  be  interested  in  that 
question. 

The  French  Government,  on  their  part,  are  anxious  to  protect  the  interests 
of  the  French  territories  concerned,  and,  with  that  object,  having  their 
special  situation  in  view,  they  bear  in  mind  the  desirability  of  assuring  them 
a  suitable  customs  regime  and  determining,  in  a  manner  better  suited  to 
present  conditions,  the  methods  of  exchanges  between  these  territories  and 
the  adjacent  Swiss  territories,  while  taking  into  account  the  reciprocal 
interests  of  both  regions. 

It  is  understood  that  this  must  in  no  way  prejudice  the  right  of  France 
to  adjust  her  customs  line  in  this  region  in  conformity  with  her  political 
frontiers,  as  is  done  on  the  other  portions  of  her  territorial  boundaries,  and 
as  was  done  by  Switzerland  long  ago  on  her  own  boundaries  in  this  region. 

The  French  Government  are  pleased  to  note  on  this  subject  in  what  a 
friendly  disposition  the  Swiss  Government  take  this  opportunity  of  declaring 
their  willingness  to  consider  any  French  proposal  dealing  with  the  system 
to  be  substituted  for  the  present  regime  of  the  said  free  zones,  which  the 
French  Government  intend  to  formulate  in  the  same  friendly  spirit. 

Moreover,  the  French  Government  have  no  doubt  that  the  provisional 
maintenance  of  the  regime  of  1815  as  to  the  free  zones  referred  to  in  the 
above-mentioned  paragraph  of  the  note  from  the  Swiss  Legation  of  May  5, 
whose  object  is  to  provide  for  the  passage  from  the  present  regime  to  the 
conventional  regime,  will  cause  no  delay  whatsoever  in  the  establishment  of 
the  new  situation  which  has  been  found  necessary  by  the  two  Governments. 
This  remark  applies  also  to  the  ratification  by  the  Federal  Chambers,  dealt 
with  in  paragraph  i  (a),  of  the  Swiss  note  of  May  5,  under  the  heading 
"Neutralized  zone  of  Haute-Savoie." 


656  INTERNATIONAL   RELATIONS 

ARTICLE  436. 

The  High  Contracting  Parties  declare  and  place  on  record  that  they  have 
taken  note  of  the  Treaty  signed  by  the  Government  of  the  French  Republic 
on  July  17,  1918,  with  His  Serene  Highness  the  Prince  of  Monaco  defining  the 
relations  between  France  and  the  Principality. 

ARTICLE  437. 

The  High  Contracting  Parties  agree  that,  in  the  absence  of  a  subsequent 
agreement  to  the  contrary,  the  Chairman  of  any  Commission  established  by 
the  present  Treaty  shall  in  the  event  of  an  equality  of  votes  be  entitled  to  a 
second  vote. 

ARTICLE  438. 

The  Allied  and  Associated  Powers  agree  that  where  Christian  religious 
missions  were  being  maintained  by  German  societies  or  persons  in  territory 
belonging  to  them,  or  of  which  the  government  is  entrusted  to  them  in 
accordance  with  the  present  Treaty,  the  property  which  these  missions  or 
missionary  societies  possessed,  including  that  of  trading  societies  whose 
profits  were  devoted  to  the  support  of  missions,  shall  continue  to  be 
devoted  to  missionary  purposes.  In  order  to  ensure  the  due  execution  of  this 
undertaking  the  Allied  and  Associated  Governments  will  hand  over  such 
property  to  boards  of  trustees  appointed  by  or  approved  by  the  Governments 
and  composed  of  persons  holding  the  faith  of  the  Mission  whose  property 
is  involved. 

The  Allied  and  Associated  Governments,  while  continuing  to  maintain 
full  control  as  to  the  individuals  by  whom  the  Missions  are  conducted,  will 
safeguard  the  interests  of  such  Missions. 

Germany,  taking  note  of  the  above  undertaking,  agrees  to  accept  all  arrange- 
ments made  or  to  be  made  by  the  Allied  or  Associated  Government  concerned 
for  carrying  on  the  work  of  the  said  missions  or  trading  societies  and 
waives  all  claims  on  their  behalf. 

ARTICLE  439. 

Without  prejudice  to  the  provisions  of  the  present  Treaty,  Germany 
undertakes  not  to  put  forward  directly  or  indirectly  against  any  Allied  or 
Associated  Power,  signatory  of  the  present  Treaty,  including  those  which 
without  having  declared  war,  have  broken  off  diplomatic  relations  with  the 
German  Empire,  any  pecuniary  claim  based  on  events  which  occurred  at  any 
time  before  the  coming  into  force  of  the  present  Treaty. 

The  present  stipulation  will  bar  completely  and  finally  all  claims  of  this 
nature,  which  will  be  thenceforward  extinguished,  whoever  may  be  the 
parties  in  interest. 


TREATY   OF   PEACE  657 

ARTICLE  440. 

Germany  accepts  and  recognises  as  valid  and  binding  all  decrees  and 
orders  concerning  German  ships  and  goods  and  all  orders  relating  to  the 
payment  of  costs  made  by  any  Prize  Court  of  any  of  the  Allied  or 
Associated  Powers,  and  undertakes  not  to  put  forward  any  claim  arising 
out  of  such  decrees  or  orders  on  behalf  of  any  German  national. 

The  Allied  and  Associated  Powers  reserve  the  right  to  examine  in  such 
manner  as  they  may  determine  all  decisions  and  orders  of  German  Prize 
Courts,  whether  affecting  the  property  rights  of  nationals  of  those  Powers 
or  of  neutral  Powers.  Germany  agrees  to  furnish  copies  of  all  the  documents 
constituting  the  record  of  the  cases,  including  the  decisions  and  orders  made, 
and  to  accept  and  give  effect  to  the  recommendations  made  after  such 
examination  of  the  cases. 

THE  PRESENT  TREATY,  of  which  the  French  and  English  texts  are  both 
authentic,  shall  be  ratified. 

The  deposit  of  ratifications  shall  be  made  at  Paris  as  soon  as  possible. 

Powers  of  which  the  seat  of  the  Government  is  outside  Europe  will  be 
entitled  merely  to  inform  the  Government  of  the  French  Republic  through 
their  diplomatic  representative  at  Paris  that  their  ratification  has  been  given; 
in  that  case  they  must  transmit  the  instrument  of  ratification  as  soon  as 
possible. 

A  first  proces-verbal  of  the  deposit  of  ratifications  will  be  drawn  up  as  soon 
as  the  Treaty  has  been  ratified  by  Germany  on  the  one  hand,  and  by  three  of 
the  Principal  Allied  and  Associated  Powers  on  the  other  hand. 

From  the  date  of  this  first  proces-verbal  the  Treaty  will  come  into  force 
between  the  High  Contracting  Parties  who  have  ratified  it.  For  the  determi- 
nation of  all  periods  of  time  provided  for  in  the  present  Treaty  this  date 
will  be  the  date  of  the  coming  into  force  of  the  Treaty. 

In  all  other  respects  the  Treaty  will  enter  into  force  for  each  Power  at 
the  date  of  the  deposit  of  its  ratification. 

The  French  Government  will  transmit  to  all  the  signatory  Powers  a 
certified  copy  of  the  proces-verbaux  of  the  deposit  of  ratifications. 

IN  FAITH  WHEREOF  the  above-named  Plenipotentiaries  have  signed 
the  present  Treaty. 

Done  at  Versailles,  the  twenty-eighth  day  of  June,  one  thousand  nine 
hundred  and  nineteen,  in  a  single  copy  which  will  remain  deposited  in  the 
archives  of  the  French  Republic,  and  of  which  authenticated  copies  will  be 
transmitted  to  each  of  the  Signatory  Powers.  (l) 


(i)   Senate  Document  No.  49,  66th   Congress,   1st   Session. 


INDEX 


Abraham's  migration  from  Ur,  4. 

Adams  Message  of  President  con- 
cerning West  Indian  pirates,  216. 

Address  of  articles  sent  by  inter- 
national post,  Change  of,  157. 

Aerial  navigation,  Provisions  of 
Peace  Treaty  concerning,  617. 

African  slave  trade,  General  Act  for 
repression  of  the,  118. 

Air  as  international  property,  233. 

Air  forces,  Germany  prohibited  from 
maintaining,  547. 

Air,  Warfare  in  the,  313. 

Aix-la-Chapelle,  Peace  of,  77. 

Alabama  Claims,  Arbitration  of,  242. 

Alabama  Claims,  Award  of  Arbitra- 
tors on,  247. 

Alaskan  boundary,  Settlement  of,  253. 

Alexander,  Despotisms  following  the 
conquests  of,  13. 

Algeciras,  General  Act  of,  144,  434. 

Aliens,  Who  are,  36,  41. 

Aliens,  Naturalization  of  in  the 
United  States,  32. 

Aliens,  Rights  of  to  sue  and  be  sued 
and  to  hold  property,  37,  40. 

Aliens  are  subject  to  the  municipal 
law  of  the  place  of  their  sojourn, 
37,  40. 

Alliances  preceding,  during  and  fol- 
lowing the  great  war,  449. 

Alsace-Lorraine,  Bridges  over  the 
Rhine  in,  to  be  French  property, 
501. 

Alsace-Lorraine,  Nationality  of  in- 
habitants of,  498-506. 

Alsace-Lorraine  restored  to  France 
to  frontier  of  1871,  498. 

Ambassadors,  Ancient  and  modern 
customs  concerning,  53. 

Ambassadors,  Privileges  of,  54. 

Ambassadors,  Right  of  governments 
to  refuse  to  receive,  54. 

American  Republics,  Convention  of 
concerning  inventions,  patents,  de- 
signs and  industrial  models,  370. 

American  Republics  Convention  of 
concerning  literary  and  artistic 
copyright,  364. 


American  Republics,  Pecuniary 
Claims,  convention  of,  363. 

American  Republics,  Trade-marks, 
convention  of,  366. 

Ambulances  neutralized  by  Geneva 
convention,  94. 

Amphyctionic  League,  Principles  of 
the,  14. 

Ancona,  Sinking  of  the,  by  Austrian 
submarine,  311. 

Arabic,  Sinking  of  the,  by  subma- 
rine, 311. 

Arbitral  Tribunal,  Mixed,  provided 
by  Peace  Treaty,  610. 

Arbitration  of  Alabama  Claims,  242. 

Arbitration,  Award  of  Emperor  of 
Russia,  241. 

Arbitration  of  disputes  between  Great 
Britain  and  the  United  States,  240. 

Arbitration  of  disputes  under  Radio- 
telegraph Convention,  419. 

Arbitration  of  the  Fur  Seal  disputes, 
252. 

Arbitration  of  claims  for  contract 
debts,  281,  363. 

Arbitration,  Permanent  Court  of  pro- 
vided by  first  Hague  Conference, 
259- 

Arbitration,  Settlement  of  interna- 
tional disputes  by,  236. 

Arbitration  treaties,  426. 

Arbitration  of  disputes  in  the  Uni- 
versal Postal  Union,  163.  . 

Arbitrators,  Modes  of  selecting,  272, 
277. 

Aristotle,  Views  of,  concerning  the 
composition  of  a  state,  3. 

Armament  of  Germany,  Treaty  limi- 
tations on,  536. 

Armaments,  Council  of  League  of 
Nations  to  make  plans  for  reduc- 
tion of,  474. 

Armistice  ending  the  great  war,  452. 

Armistices,  Provisions  of  Hague  Con- 
vention concerning,  298. 

Arms,  &c.,  surrendered  by  Germany, 
537- 

Asiatic  governments,  Ancient  thories 
of,  13. 


66o 


INDEX 


Assistance  to  be  given  to  vessel  in 
distress,  200,  219. 

Austria,  Provisions  of  Peace  Treaty 
concerning  independence  of,  507. 

Austria-Hungary,  Refusal  of,  to  arbi- 
trate with  Servia,  274. 

Austrian  Succession,  War  of  the,  77. 

Award  on  Alabama  claims,  247. 

Award  of  Emperor  of  Germany  in 
boundary  dispute,  246. 

Awards  in  Permanent  Court  of  Arbi- 
tration, 272. 

Balance  of  Power  in  Europe,  75. 

Balance  of  power,  Failure  of,  as  a 
means  of  preserving  peace,  81,  458. 

Balloons,  Discharge  of  explosives 
from  prohibited  by  Hague  Conven- 
tion, 300. 

Baltic,  Passages  to,  not  to  be  forti- 
fied, 546. 

Bed  of  the  Sea,  Property  in,  228. 

Behring  Sea  controversy,  252. 

Belgian  nationality,  Option  for  al- 
lowed by  Peace  Treaty,  486. 

Belgium,  Archives  of,  to  be  re- 
stored by  Germany,  486. 

Belgium,  Commission  to  establish 
boundaries  of,  486. 

Belgium,  Status  and  boundaries  of, 
under  Peace  Treaty,  485. 

Belgium,  Violation  of  neutrality  of, 
by  Germany,  306. 

Belligerents,  Rights  of  over  hospital 
ships,  320. 

Belligerents,  Rights  of,  over  mer- 
chant ships,  321. 

Belligerents,  Qualifications  of,  293. 

Blockade,  Violation  of  a,  exposes  a 
neutral  ship  to  capture,  177. 

Blockade,  Declaration  of  London  con- 
cerning, 327. 

Blockade  of  German  and  neutral 
ports,  306. 

Boats  engaged  in  picking  up  ship- 
wrecked and  wounded  neutralized, 

97- 

Boats,  Open,  to  show  lights,  182. 

Bombardment  of  undefended  towns 
&c.  prohibited,  297,  318. 

Bombardment  by  naval  forces,  Pro- 
visions of  Hague  convention  con- 
cerning, 318. 

Bonds  to  be  issued  by  Germany  and 
delivered  to  Reparation  Commis- 
sion, 562. 


Boundary  between  United  States  and 
British  Possessions,  Treaties  con- 
cerning, 242,  253. 

Boxer  indemnities  under  treaty  with 
China,  138. 

Brazil,  Establishment  of  independence 
of,  82. 

Brazil,  Germany  to  pay,  for  San 
Paolo  coffee,  580. 

British  Colonies  and  possessions,  Re- 
lations of  to  the  Empire,  34. 

British  Empire,  a  single  sovereignty, 
30. 

Bulkheads  in  ships,  194. 

Bureau  of  International  Postal 
Union,  163. 

Bureau  International  pour  la  protec- 
tion de  la  Proprieta  industrielle, 

377- 
Bureau,  International,  under  direction 

of  the  League  of  Nations,  480. 
Bureaus,  American  trade-mark  at  Ha- 

bana  and  Rio  de  Janeiro,  368. 

Capture,  Right  of,  in  naval  war,  322, 
332. 

Caravans,  Interception  of  slaves  in, 
123. 

Cargo,  Manifest  of,  to  be  delivered 
to  collector  before  clearance,  177. 

Central  American  Court  of,  Judica- 
ture, 360. 

Central  American  treaties  of  1907, 
360. 

Chattels,  Title  to  and  inheritance  of, 

39. 

China,  Boxer  treaty  with,  138. 

China,  Germany  renounces  rights  in, 
5.28. 

Chinese  governmental  theories,  14. 

Cholera,  Notification  required  of  ap- 
pearance of,  383. 

Cholera,  Measures  to  be  taken  con- 
cerning, 390. 

Citizen  of  one  state  entitled  to  privi- 
leges of  all  in  United  States,  33. 

Citizenship  of  husband  carries  with 
it  that  of  wife,  32. 

Citizenship,  Option  of,  between  Bel- 
gium and  Germany,  486. 

Claims  of  citizens  against  foreign 
states,  Diplomatic  action  on  discre- 
tionary, 59. 

Clearance  of  ships,  Requirements  of, 
177- 

Clearing  Offices  to  collect  debts  in 
treaty  countries,  591. 


INDEX 


661 


Cleveland,  Assertion  of  Monroe  doc- 
trine by  President,  88. 

Coal  to  be  delivered  by  Germany  to 
France,  Belgium  and  Italy  under 
treaty,  5/0. 

Coastal  wireless  telegraph  stations, 
416. 

Collisions  at  sea,  Duty  of  masters  to 
render  assistance  in  case  of,  189. 

Collisions  at  sea,  International  rules 
for  the  prevention  of,  178-186. 

Combination  of  nations  induced  by 
the  war,  451. 

Commission,  Belgian  boundary,  486. 

Commission  on  boundaries  of  Dan- 
zig, 519. 

Commission  on  boundaries  between 
Germany  and  Denmark,  522. 

Commission  on  boundaries  between 
Germany  and  Poland,  510. 

Commission,  Central,  of  the  Rhine, 
SOL 

Commission  of  Control,  Duties  of 
Interallied,  519. 

Commission,  European,  of  the  Dan- 
ube, 627. 

Commission,  International,  of  the 
Elbe,  625. 

Commission,  International,  of  the 
Oder,  625. 

Commission  of  Enquiry  in  labor  ques- 
tions, 646. 

Commission  to  advise  Council  of 
League  of  Nations  on  Military, 
Naval  and  Air  Questions,  474. 

Commission  to  trace  boundaries  be- 
tween Poland  and  Czecho-Slovakia, 
508. 

Commission  on  plebiscite  and  boun- 
daries of  Poland,  511. 

Commission  on  plebscite  and  boun- 
daries of  East  Prussia,  515. 

Commission  to  trace  boundaries  in 
Schleswig,  524. 

Commission,  Preparation  provided 
for,  in  peace  treaty,  556. 

Commission,  Governing,  of  Saar 
Basin,  493. 

Common  property  of  all  nations,  173. 

Congresses    and    conferences    of    the 

Universal  Postal  Union,  164. 
Congress  of  Paris  of  1856,  80. 
Congress  of  Vienna  of  1815,  79. 
Consuls,  Functions  of,  61,  221. 
Consuls,  Judicial  powers   of  certain, 
60. 


Contaminated  area,  What  to  be  con- 
sidered, 384. 

Contraband  of  war,  Conditional,  un- 
der Declaration  of  London,  307. 

Contraband  of  war,  Rules  for  deter- 
mining what  is,  307. 

Contraband  of  war,  Provisions  of 
Declaration  of  London  concerning, 
329- 

Contracts,  prescriptions  and  judg- 
ments, Effects  of  war  on,  603. 

Convention,  International,  General 
Act  for  repression  of  African  Slave 
Trade,  118. 

Convention,  International,  General 
Act  of  Algeciras  relating  to  Mo- 
rocco Slave  trade,  144. 

Convention,  International,  Geneva,  of 
1864,  94. 

Convention,  International,  Geneva,  of 
1868,  96. 

Convention,  International,  Geneva 
Red  Cross,  of  1906,  353. 

Convention,  International,  for  adap- 
tation of  the  principles  of  Geneva 
convention  to  war,  319. 

Convention,  International,  relating  to 
automatic  submarine  mines,  316. 

Convention,  International,  respecting 
bombardment  by  naval  forces,  318. 

Convention,  International,  industrial 
property,  374. 

Convention,  International,  establish- 
ing International  Institute  of  Agri- 
culture, 141. 

Convention,  International,  for  inter- 
change of  official  documents,  etc., 
114- 

Convention,  International,  for  estab- 
lishment of  an  International  Prize 
Court,  337. 

Convention,  International,  respecting 
Laws  and  Customs  of  War  on 
Lnad,  292. 

Convention,  International,  for  Limi- 
tation of  the  Employment  of  Force 

for  Collection  of  Debts,  281. 

Convention,  International,  relative  to 
the  Opening  of  Hostilities,  283. 

Convention,  International,  concerning 
Conversion  of  Merchant-ships  into 
Warships,  316. 

Convention,    International,    establish- 
ing International   Office  of   Public 
Health,  145. 
Convention,     International,     for    the 


662 


INDEX 


Pacific  Settlement  of  International 

Disputes,  261. 
Convention,   International,   respecting 

Rights  and  Duties  of  Neutrals  in 

War  on  Land,  300. 
Convention,  International,  concerning 

Rights  and  Duties  of  Neutrals  in 

Naval  War,  324. 
Convention,  International,  concerning 

salvage  at  sea,  217. 
Convention,  International,   respecting 

status  of  enemy  merchant-ships  at 

outbreak  of  war,  315. 
Convention,  International,  relative  to 

right  of  capture  in  naval  war,  322. 
Convention,  International,  concerning 

Naturalization    between    American 

Republics,  360. 

Convention,  International,  for  the  Re- 
pression of  Obscene  Publications, 

36i. 
Convention,   International,  Rules   for 

Preventing  Collisions  at  Sea,  178. 
Convention,  International,  on  Safety 

of  Life  at  Sea,  190. 
Convention,     International,     for    the 

Protection    of    Submarine    Cables, 

109. 
Convention,    International,    for    the 

Repression  of  Trade  in  White  Wo- 
men, 139. 
Convention,    International,    Sanitary, 

383. 

Convention,  International,  Universal 
Postal  Union,  151. 

Convention,  International,  establish- 
ing International  Bureau  of  Weights 
and  Measures,  100. 

Convention,  International,  Wireless 
Telegraph,  416. 

Conventions  continued  in  force  by 
Peace  Treaty,  585. 

Convoy,  Vessels  under,  exempt  from 
search,  336. 

Convoys  of  evacuation  to  be  treated 
as  sanitary  formations,  356. 

Coypright,  American  literary  and  ar- 
tistic, 364. 

Court   of    Arbitration,    International, 

259- 
Court,   Permanent,  to  be  established 

under  Peace  Treaty,  475. 
Court,  Jurisdiction  of,  Permanent  in 

labor  disputes,  647. 
Covenant  of  League  of  Nations,  471. 
Creditors  to  notify  Clearing  office  of 

claims  against  enemies,  593. 


Credits  to  be  allowed  Germany  on 
reparations,  559-575- 

Crews,  Treatment  to  be  accorded  on 
captured  neutral  ships,  323. 

Crimean  War,  80. 

Czecho-Slovak  State,  Boundaries  be- 
tween Germany  and  the,  508. 

Czecho-Slovak  State,  Independence  of 
the,  recognized  by  Germany,  507. 

Czecho-Slovak  State  Rights  of  the, 
in  Hamburg  and  Stettin,  632. 

Damages  for  which  compensation 
may  be  claimed  of  Germany  un- 
der Peace  Treaty,  559. 

Danube  declared  international  in 
Peace  Treaty,  623. 

Danube,  Special  provisions  of  Peace 
Treaty  concerning  the,  627. 

Danzig,  Free  city  of,  established  by 
Peace  Treaty,  519. 

Danzig,  Constitution  to  be  drawn  for, 

519. 

Danzig  to  make  treaty  with  Poland 
fixing  their  relations,  520. 

Davits,  Strength  required  and  opera- 
tion of,  202. 

Debts  between  belligerents  to  be  set- 
tled through  Clearing  Offices,  590. 

Debts,  Portion  of  German,  to  be 
borne  by  detached  territory,  514- 
576. 

Debts,  Settlement  of,  between  Ger- 
mans and  Alsace-Lorrainers,  503. 

Debts,  German,  No  part  of,  to  be 
borne  by  Alsace-Lorraine,  499. 

Declaration  of  war,  International  law 
concerning,  282. 

Declaration  of  London  concerning 
laws  of  naval  warfare,  327. 

Declaration  prohibiting  the  discharge 
of  explosives  from  balloons,  300. 

Delaware  Indians,  Treaty  of  the 
United  States  with,  72. 

Demobilization  of  Germany,  534. 

Denizens,  who  are,  and  rights  of,  32. 

Derelicts,  President  of  United  States 
authorized  to  make  treaties  con- 
cerning, 189. 

Derelicts,  Destruction  of,  191. 

Detached  territory,  Public  property 
in,  to  pass  to  power  acquiring  the 
territory,  577. 

Detached  territory  to  bear  share  of 
German  debts,  514,  576. 

Diplomatic  functions,  Increasing  im- 
portance of,  57. 


INDEX 


663 


Diplomatic  officers,  Classification  of, 

54- 

Diplomatic  officers,  Who  are,  in  the 
United  States,  57. 

Diplomatic  officers,  Judicial  powers 
of,  56,  60. 

Diplomatic  officers,  Termination  of 
missions  of,  57. 

Diplomatic  corps  at  each  national 
capital,  55,  422. 

Director  of  International  Bureau  of 
Weights  and  Measures,  Duties  of, 
105. 

Disinfection  of  contaminated  mer- 
chandise, 385. 

Distress  signals  to  be  given  by  ves- 
sels, 188. 

Distress  signals  not  to  be  given  by 
vessels  unless  in  distress,  193. 

Distress  signals,  Masters  of  ships 
must  respond  to,  200. 

Distress  signals,  Priority  to  be  given 
to,  by  Radio  stations,  417. 

Droit  d'aubaine  terminated  by  treat- 
ies, 38. 

Duties  on  liquors  imported  into 
Africa,  135,  137. 

Duties  on  exports  from  Alsace-Lor- 
raine to  Germany,  Exemption  from, 
502. 

Duties  on  imports  from  Allied  States 
to  be  no  more  than  from  others, 
580. 

Duties  on  imports  levied  by  different 
nations,  212. 

Dyestuffs  and  chemicals  to  be  to  Al- 
lies by  Germany  by  terms  of 
treaty,  571. 

East   Prussia,   Boundaries   of,  under 

Peace  Treaty,  484. 
East  Prussia,  Vote  to  be  taken  in,  on 

nationality,  515. 
Egypt,  Provisions  of  the  Peace  Treaty 

concerning,  532. 
Egyptian  pilgrims,  Sanitary  measures 

concerning,  409. 
Elbe  declared  international  in  Peace 

Treaty,  622. 
Electrical  force,  International  use  of, 

231. 
Electric  supply  in  Alsace-Lorraine  to 

be  continued,  502. 
Emblems   of   Red   Cross   formations, 

95,  98,  357- 
Enemies,     defined    under    terms    of 

Peace  Treaty,  606. 


Entry  of  ship's  cargo  in  foreign  port, 
211. 

Equatorial  Africa,  Germany  renoun- 
ces rights  to,  527. 

Europe,  Fundamental  difficulties  in 
the  pacification  of,  25,  456. 

Europe,  Problems  of  reorganization 
in,  18. 

European  political  congresses,  74. 

Exchange  Stock  and  Commercial 
Contracts,  Treaty  provisions  con- 
cerning, 605. 

Expatriation,  Right  of,  31. 

Expenses  of  International  Bureau  of 
Universal  Postal  Union,  168. 

Expenses  of  International  Institute 
of  Agriculture,  143. 

Expenses  of  International  Office  of 
Public  Health,  148. 

Expenses  of  International  Prize 
Court,  343. 

Expenses  of  International  Bureau  of 
Weights  and  Measures,  102. 

Family,  The,  as  the  foundation  of  po- 
litical organization,  4. 

Final  act  of  Second  Hague  Confer- 
ence, 351. 

Financial   clauses    of   Peace    Treaty, 

574- 

Fire-arms,  Prohibition  of  introduc- 
tion of,  into  Africa  by  General 
Act,  120. 

Fire  protection  on   ships,  204. 

First  Hague  Conference,  Work  of 
the,  259. 

Fisheries,  Agreement  between  the 
United  States  and  Great  Britain 
concerning,  245. 

Fisheries,  Award  of  arbitration  com- 
missioners concerning,  251. 

Fisheries,  Sea,  224. 

Fishing  Vessels  exempt  from  capture, 

323. 

Flag  for  hospitals  under  Geneva 
convention,  98. 

Flag  of  truce,  Protection  of,  297. 

Flag,  Transfer  of  vessel  to  neutral, 
334- 

Flag,  Registry  determines  the  right 
to  use  a  national,  176. 

Flags,  Regulation  of  use  of  on  Afri- 
can coast,  125. 

Forcible  collection  of  money  de- 
mands, 279,  281. 

Foreign  commerce  of  the  United 
States,  27. 


664 


INDEX 


Fortifications  on  the  Rhine  to  be  dis- 
mantled, 540. 

France,  Dependencies  of,  34. 

France,  Rights  of,  on  the  Rhine,  630. 

Franco-Prussian  dispute  of  1870,  Re- 
fusal to  arbitrate,  251. 

Free  zones  in  German  ports,  Peace 
Treaty  provisions  concerning  621. 

Fur-seal  Fisheries  Dispute,  Arbi- 
tration of,  252. 

Gases,  Use  of  poisonous  in  war,  313. 

Gases,  Asphyxiating  and  poisonous, 
Germany  prohibited  from  making, 
538. 

General  welfare  conventions,  93. 

Geneva  conventions,  94,  96. 

German  colonies  and  over-seas  pos- 
sessions, Renunciation  of  title  to, 
526. 

German  notice  of  unrestricted  sub- 
marine operations,  312. 

German  order  not  to  sink  ships  with- 
out warning,  311. 

German  state  property  in  Alsace-Lor- 
raine to  belong  to  France,  499. 

German  submarines,  Destruction  of 
shipping  by,  313. 

Germany,  Boundaries  of  under  Peace 
Treaty,  481. 

Germany,  Peace  Treaty  with,  467. 

Ghent,  Arbitration  of  controversy  un- 
der treaty  of,  of  1814,  241. 

Government  responsible  to  its  citi- 
zens for  foreign  claims  settled  by 
it,  59- 

Graves,  Provisions  of  Peace  Treaty 
concerning,  554. 

Gravitation  as  a  source  of  power,  232. 

Great  Britain,  Interception  of  neu- 
tral commerce  by,  308. 

Greek  confederacy  formed  under  the 
leadership  of  Athens,  12. 

Greek  philosophers,  Views  of  con- 
cerning government,  n. 

Grotius,  Work  of,  on  international 
law,  45. 

Guarantees  for  execution  of  Peace 
Treaty,  651. 

Gulflight,  Sinking  of  the,  by  German 
submarine,  310. 

Hague  Conferences,  256. 

Hague  Conference,  Final  Act  of  the, 

351. 

Haute-Savoie  and  Gex,  Provisions  of 
Peace  Treaty  concerning,  654. 


Heligoland,  Fortifications,  etc.  of,  to 
be  demolished,  525. 

Holy  Alliance,  Purposes  of  the,  80. 

Hospitals,  Hague  convention  concern- 
ing, 318. 

Hospitals  neutralized  by  Geneva  Con- 
vention, 94. 

Hospital  ships  neutralized  by  Geneva 
Convention,  98,  319. 

Hostilities,  Conduct  of,  296. 

Icebergs  and  ice  conditions,  Treaty 
concerning,  191. 

Immigrants,  Admission  of,  to  the 
United  States,  213. 

Indians,  Legal  status  of,  in  the  United 
States,  33. 

Indians,  Number  of,  in  the  United 
States,  73. 

Indians,  Treaties  with  the,  72. 

Industrial  Property,  Conventions  of 
19",  374,  432. 

Industrial  Property  Conventions,  107, 
370,  374. 

Industrial  Property,  Peace  Treaty 
provisions  concerning,  612. 

Inquiry  office  for  prisoners  of  war 
required  by  Hague  convention,  295. 

Instructions  to  delegates  of  the 
United  States  to  London  Confer- 
ence, 349. 

Insurance,  Effects  of  war  on  con- 
tracts of  fire  and  life,  607. 

Insurance,  Effects  of  war  on  con- 
tracts of  marine,  609. 

Insurance,  Social  and  state,  in  ceded 
territory  under  Peace  Treaty,  617. 

Insurance  reserves  for  Alsace-Lor- 
rainers  held  by  Germany  to  be 
paid  to  France,  504. 

Intangible  property,  International 
protection  of,  382. 

International  Bureau  of  Permanent 
Court  of  Arbitration,  263. 

International  Bureau  of  Telegraph 
Union  Duties  of  concerning  radio- 
telegraphy,  418,  423. 

International  Bureau  of  Universal 
Postal  Union,  163,  423. 

International  Bureau  of  Weights  and 
Measures,  100,  422. 

International  Bureau  at  Zanzibar  for 
repression  of  the  slave  trade,  124, 
133- 

International  Commission  of  Inquiry, 
262. 


INDEX 


665 


International  Commission  of  Inquiry, 
Report  of,  265. 

International  Commission  of  Jurists 
of  American  States,  361. 

International  conventions,  See  Con- 
vention. 

International  dealings,  Agencies  for 
the  transaction  of,  53. 

International  exchange  of  official 
documents,  Convention  providing 
for,  114. 

International  governmental  establish- 
ments, 422. 

International  Institute  of  Agriculture, 
141. 

International  Labor  Office,  641. 

International  law,  Dawn  of,  45. 

International  law,  Early  writers  on, 

47- 

International  law,  Lack  of  uniform- 
ity and  binding  force  of,  48,  52,  349. 

International  law,  Right  under  of  na- 
tion to  wage  war,  49. 

International  legislation,  Progress  of, 
380. 

International  Office  of  Public  Health, 

145- 

International  rivers,  Provisions  of 
Peace  Treaty  concerning,  622. 

International  rules  for  preventing  col- 
lisions at  sea,  178,  186. 

International  transport  of  goods, 
Provisions  of  Peace  Treaty  con- 
cerning, 622,  633. 

International  Union  for  Publication 
of  Customs  Tariffs,  138. 

Interned  and  wounded  belligerents  in 
neutral  territory,  301. 

Interoceanic  canals,  Dominion  over, 
213- 

Interpretation  of  treaties,  70. 

Inventions,  Protection  of,  in  Ameri- 
can Republics,  370. 

Japan,  Treaty  of  1855  of  the  United 
States  with,  82. 

Japan  given  rights  of  Germany  in 
Kiaochow  by  Peace  Treaty,  534. 

Jefferson,  Views  of,  on  Monroe  doc- 
trine, 84. 

Jews,  Settlement  of  the,  in  Palestine, 
5- 

Judgments,  appeals  and  prosecutions 
in  Alsace-Lorraine,  503. 

Judgments,  Effects  of  war  on,  605. 

Judges  of  the  International  Prize 
Court,  338,  346. 


Judicial    powers    of    diplomatic    and 
consular  officers,  56,  60. 

Kehl,  Provisions  concerning  the  port 

of,  501. 
Kiaochow,      Provisions      of      Peace 

Treaty  concerning,  533. 
Kiel     canal,     Provisions     of     Peace 

Treaty  concerning,  637. 
Koran  of  Othman  to  be  restored  to 

King  of  Hedjaz,  573. 

Labor    Conference   provided    for   by 

Peace  Treaty,  First  meeting  of,  649. 
Labor  Office  provided  for  by  Peace 

Treaty,  640. 
Labor,    Provisions   of   Peace   Treaty 

concerning  organized,  639. 
Lacedaemon,    Military   character    of 

organization  of,  n. 
Land,  Aliens  incapable  of  acquiring, 

38. 
Land,    Public   and   private   dominion 

over,  38,  173. 

Land,  Theories  of  title  to,  38,  173. 
Laws  and  customs  of  war  on  land, 

284. 
Laws  and  customs  of  war  on  the  sea, 

303. 
League    of    Nations,    Action    to    be 

taken  by  in  case  of  threat  of  or 

resort  to  war,  474. 
League   of   Nations,  Amendment   of 

Covenant  of,  480. 
League  of   Nations,  Arbitrations   of 

disputes  in,  475. 

League  of  Nations,  Assembly  of,  472. 
League  of  Nations  authorized  to  re- 
vise   certain   provisions    of    Peace 

Treaty,  637. 

League  of  Nations,  Council  of,  472. 
League    of    Nations,    Council    of,    to 

make  plans  for  International  Court 

of  Justice,  475. 
League   of    Nations,   Council   of,    to 

choose    Commissioners    to    govern 

Saar  Basin,  493. 

League  of  Nations,  Council  of,  to  de- 
cide on  return  of  Saar  Basin,  496. 
League  of  Nations,  Disputes  of,  with 

non-members,  477. 
League  of   Nations,   Disputes   in,   to 

be  submitted  to  Council,  476. 
League  of  Nations,  Drafts  of  Cove- 
nant of,  457. 
League   of   Nations,   Government  of 

Saar  Basin  by,  489. 


666 


INDEX 


League  of  Nations,  Members  of,  472- 
481. 

League  of  Nations,  Permanent  Secre- 
tariat of,  473. 

League  of  Nations,  Reduction  of 
armaments  by,  474. 

League  of  Nations,  Seat  of,  at 
Geneva,  473. 

League  of  Nations,  Territorial  in- 
tegrity of  members  of  guaranteed, 

474- 

League  of  Nations,  Treaties  to  be 
registered  with  Secritariat  of,  478. 

League  of  Nations,  Undertakings  and 
duties  assumed  by,  477. 

League  of  Nations,  Withdrawal 
from,  472. 

Liberia,  Provisions  of  Peace  Treaty 
concerning,  530. 

Life-boats  and  rafts,  Handling  of, 
202. 

Life-saving  appliances  required  to  be 
carried  by  ships,  201. 

Life-saving  service,  221. 

Lights  to  be  carried  by  steam-vessels, 
178. 

Lights  to  be  carried  by  sailing-ves- 
sels, 180. 

Lights  to  be  carried  by  pilot  boats, 
181. 

Limitation  of  right  of  action,  Effects 
of  war  on,  604. 

Lincoln,  Message  of  President  con- 
cerning international  postal  confer- 
ence, 439. 

Liquidation  of  claims  for  and  against 
Germany  and  its  nationals,  593. 

Literary  and  artistic  copyright,  Con- 
vention of  American  Republics 
concerning,  364. 

Live  stock  to  be  delivered  by  Ger- 
many to  France  and  Belgium,  569. 

Louvain,  Restitution  to  be  made  to 
University  of,  under  Peace  Treaty, 

574- 

Lusitania,  Sinking  of  the,  by  Ger- 
mans, 310. 

Luxemburg,  Provisions  of  Peace 
Treaty  concerning,  487. 

Mails,  Articles  prohibited  from 
transportation  in  the,  160. 

Mails,  Conveyance  of,  between  con- 
tiguous countries,  151. 

Mails  to  countries  outside  the  Postal 
Union,  161. 


Mails,  Exchange  of  with  warships, 
160. 

Mails,  Transit  rates  for  carrying,  152. 

Mandatories  under  League  of  Na- 
tions, 479. 

Manifest  of  cargo  to  be  delivered  to 
collector  before  clearance,  177. 

Manu,  Laws  of  war  in  Code  of,  15. 

Manufacturing  of  arms  by  Germany 
limited  by  Peace  Treaty,  537. 

Master  of  ship  must  respond  to  dis- 
tress signal,  200. 

Master  of  ship  must  assist  everybody 
in  danger  at  sea,  219. 

Master  of  ship  must  deposit  register, 
etc.,  with  consul,  211. 

Material  of  Red  Cross  formations, 
356. 

Maximilian  as  emperor  of  Mexico, 
88. 

Mediation,  Value  of,  in  settlement  of 
disputes,  237. 

Mediation  of  international  disputes, 
Provisions  of  Hague  convention 
concerning,  261. 

Merchandise,  Disinfection  of  con- 
taminated, 385. 

Merchandise  not  to  be  detained  at 
ports  or  frontiers,  387. 

Merchant-ships,  Conversion  of,  into 
warships,  316. 

Merchant-ships,  Status  of,  at  out- 
break of  war,  315. 

Metric  system  of  weights  and  meas- 
ures, 99. 

Metric  system  in  the  United  States, 
43i. 

Mexico,  Maximilian  as  emperor  of, 
88. 

Migrations  of  citizens,  subjects  and 
aliens  subject  to  governmental  con- 
trol, 31. 

Military  authority  in  hostile  state, 
299. 

Military  establishments  in  Germany, 
Maximum  units  allowed,  534-541. 

Military  schools  in  Germany,  Limita- 
tions on,  539. 

Military  training  in  Germany,  Re- 
strictions on,  538. 

Mines,  Automatic  submarine  laying 
of,  316. 

Mines,  Germany  to  sweep  up,  546. 

Mixed  Arbitral  Tribunal  provided 
for  by  Peace  Treaty,  610. 

Models  and  designs,  Protection  of 
property  in,  374. 


INDEX 


667 


Monroe,  Message  of  President,  an- 
nouncing the  Monroe  doctrine,  85. 

Monroe  doctrine,  Jefferson's  views 
concerning  the,  84. 

Monroe  doctrine,  Assertion  of  the, 
by  President  Cleveland,  88. 

Monroe  doctrine  not  affected  by 
League  of  Nations  Covenant,  478. 

Monroe,  Message  of  President,  con- 
cerning West  Indian  pirates,  215. 

Morocco,  General  act  of  Algeciras 
concerning,  144. 

Morocco,  Germany  renounces  rights 
in,  under  General  Act  of  Algeciras, 
530. 

Morocco,  Provisions  of  the  Peace 
Treaty  concerning,  531. 

Mortgages,  Lien  of  German,  given 
before  war  preserved,  606. 

Moselle,  Treaty  provisions  concern- 
ning,  628. 

Moses  Springs,  Surveillance  over  and 
disinfection  of  ships  at,  396. 

Muster  roll  and  drills  on  ships,  204. 

Mussulman-pilgrim  ships  from  the 
North  to  Hedjaz,  409. 

Nation,  Composition  of  the,  29. 

National  expansion,  442. 

Nationality  determined  by  place  of 
birth,  30. 

Nationality  of  ship  determined  by 
registry,  176. 

Nationals  of  Allied  and  Associated 
Powers  not  to  be  discriminated 
against,  584. 

Naturalization  of  parents  naturalizes 
minor  children,  32. 

Naturalization  treaty  between  Ameri- 
can Republics,  360. 

Naval  forces  of  Germany,  Limita- 
tions placed  on  by  Peace  Treaty, 
542. 

Naval  war,  Adaptation  of  princi- 
ples of  Geneva  Convention  to,  319. 

Naval  war.  Declaration  of  London 
concerning  laws  of,  327. 

Navigable  rivers,  Control  of,  213. 

Navigation  of  the  sea,  176. 

Navigation,  Provisions  of  the  Peace 
Treaty  concerning,  621. 

Navy,  Personnel  of  the  German  un- 
der terms  of  Peace  Treaty,  543, 
546. 

Negotiable  instruments,  Effects  of 
war  on,  605. 


Negro   passengers,    Regulations   con- 
cerning on  African  coast,  126. 
Netherlands,  Possessions  of  the,  35. 
Neutral  ports,  Belligerents  not  to  use, 

324- 
Neutrals,  Agreement  of  United  States 

and  Great  Britain  as  to  duties  of, 

244. 
Neutrals,    Rights    and    duties    of    in 

naval  war,  324. 
Neutrals,    Rights    and    duties    of,    in 

war  on  land,  300. 
Neutrals,  Who  are,  302. 
Neutral  vessels,  Seizure  of,  for  un- 

neutral  acts,  333. 
Niemen   river   declared   international 

in  Peace  Treaty,  623. 
North    Sea    fisheries,    Regulation    of 

use  of,  224. 

Notice  to  travelers  given  by  Ger- 
many before  sinking  the  Lusitania, 

310. 
Nystadt,  Peace  of,  77. 

Obscene  publications,  Convention  for 
repression  of  circulation  of,  361. 

Oder  river  declared  international  in 
Peace  Treaty,  623. 

Openings  in  snips'  sides,  Regulations 
concerning,  195. 

Opium  Convention,  Provisions  of 
Peace  Treaty  concerning,  590. 

Option  in  Belgium  for  German  na- 
tionality, 486. 

Option  of  nationality  in  Czecho- 
slovakia", 508. 

Option  of  nationality  in  Danzig,  520. 

Option  of  nationality  in  Poland,  514. 

Option   of   nationality   in    Schleswig, 

524. 

Oriental  and  far  eastern  countries, 
Sanitary  measures  in,  394. 

Paris,  Treaty  of,  of  1763,  77. 

Paris,  Treaty  of,  of  1856,  238. 

Passports  for  foreign  travel,  Issuance 
of,  213. 

Patents,  Convention  of  American  Re- 
publics concerning,  370. 

Patents,  Provisions  of  Industrial 
Property  Convention  concerning, 

374- 

Payments  for  property  taken,  de- 
stroyed, etc.,  Provisions  of  Peace 
Treaty,  concerning,  556. 

Peace  conferences  of  Paris,  Composi- 
tion of  the,  452. 


668 


INDEX 


Peace  of  Westphalia,  74. 
Pecuniary     claims,     Convention     of 
American     Republics     concerning, 

363- 

Penalties  for  violation  of  the  Sani- 
tary Convention,  412. 

Pensions  in  Saar  Basin,  Rights  to 
preserved,  491. 

Permanent  Court  of  Arbitration,  Ad- 
ministrative Council  of,  268. 

Permanent  Court  of  Arbitration  es- 
tablished at  The  Hague,  259,  266. 

Permanent  Court  of  Arbitration, 
Procedure  before  the,  269. 

Permanent  Court  of  International 
Justice  to  be  established  by  League 
of  Nations,  475. 

Permanent  Court  of  International 
Justice,  Jurisdiction  of,  in  labor 
matters,  647. 

Persia,  Measures  concerning  slave 
trade  taken  by  Shah  of,  132. 

Persian  Gulf,  Sanitary  measures  in 
the,  401. 

Personnel  of  Red  Cross  formations, 
Rights  of,  355. 

Pharmacopoeial  formulas,  Agree- 
ment concerning,  145. 

Philippine  Islands,  People  of,  not 
citizens  of  the  United  States,  33. 

Pilgrimage  season,  Sanitary  meas- 
ures to  be  taken  in,  402. 

Pilgrim  ships,  Sanitary  arrangements 
of,  403. 

Pilgrim  ships,  Sanitary  measures  to 
be  taken  before  departure  of,  404. 

Pilgrim  ships,  Sanitary  measures  to 
be  taken  during  passage  of,  405. 

Pilgrim  ships  bound  north  from 
Hedjaz,  398. 

Pilgrims  in  Red  Sea,  Measures  to  be 
taken  on  arrival  of,  407. 

Pillage  of  a  town  or  place  prohibited, 
297. 

Piracy,  Definition  of,  214. 

Pirates,  Norse  Dane  and  West  In- 
dian, 215. 

Plague,  Notification  to  be  given  of 
appearance  of,  383. 

Plague,  Ships  subject  to  measure  to 
prevent  spread  of,  388. 

Poland,  Boundaries  of,  509. 

Poland,  Independence  of  recognized, 
509. 

Poland,  Partition  of,  78. 

Porto  Rico,  People  of,  not  citizens  of 
the  United  States,  33. 


Ports,  Contaminated,  Departure  of 
vessels  from,  394. 

Ports,  waterways,  and  railways, 
Peace  Treaty  provisions  concern- 
ing, 619. 

Political  questions,  Settlement  of,  275. 

Postage,  International  rates  of,  154. 

Postage  on  international  mails  kept 
by  receiving  country,  159. 

Postage,  Prepayment  of,  158. 

Postage,  registration  charges,   155. 

Postage  stamps,  Counterfeit,  162. 

Postal  Congresses,  440. 

Postal  correspondence  on  ships  in- 
violable, 322. 

Postal  Systems,  Early,  150. 

Postal   service,   Development  of  the, 

437- 

Postal  Union,  First  steps  in  the  or- 
ganization of  the,  439. 

Postal  Union,  The  Universal,  150. 

Postal  Union,  Colonies  and  protecto- 
rates included  in,  165. 

Postal  Union,  Final  protocol  of  con- 
vention establishing  the,  166. 

Postal  Union,  Special  agreements  be- 
tween administrations  in,  162. 

Postal  Union,  Referendum  vote  on 
proposals  in,  165. 

Post  cards,  International  use  of,  158. 

Postmaster-general  given  power  to 
make  postal  treaties,  171. 

Potash  mines  in  Alsace-Lorraine,  503. 

Prescriptions,  Effect  of  war  on,  604. 

Prisoners  of  war  International  mes- 
sages of,  free  from  postage,  158. 

Prisoners  of  war,  Provisions  of  Peace 
Treaty  concerning,  552. 

Prisoners  of  war,  Treatment  of,  284, 

293- 
Prize  court.  International  convention 

for  establishment  of,  337. 
Prize  courts,  Decrees  of,  accepted  by 

Germany,  657. 
Prize  courts,  Appeals  from  national 

to  International,  337. 
Prizes,  Neutral,  not  to  be  destroyed, 

334- 
Prizes,    not    to    be    held    in    neutral 

ports,  324. 
Proceedure    in    International     Prize 

Court,  341. 
Procedure    in    Permanent    Court    of 

Arbitration,  268. 
Property     rights     and     contracts     in 

Germany   and   in  Allied   countries, 

Settlement  of,  596. 


INDEX 


669 


Protocol  Additional,  to  International 
Prize  Court  Convention,  347. 

Protocol,  Final,  to  Industrial  Prop- 
erty Convention,  379. 

Prototypes  of  meter  and  kilogram  de- 
posited with  Bureau  of  Weights 
and  Measures,  100. 

Public  Utilities,  Interests  of  German 
nationals  in  certain  foreign,  579. 

Quarantine,  Land,  not  to  be  estab- 
lished under  Sanitary  Convention, 

393- 

Quarantine,  Passage  through  Suez 
Canal  in,  399. 

Radiograms  to  be  forwarded  by  coas- 
tal stations,  419. 

Radiotelegraph  installation  required 
on  ships,  167. 

Radiotelegraph,  Conventions  relating 
to  the  use  of  the,  416. 

Railways  in  Alsace-Lorraine  trans- 
ferred to  France,  502. 

Railway  lines  ceded  by  Germany  in 
Peace  Treaty,  635. 

Ratification  of  treaties,  65. 

Rats,  Measures  concerning  plague 
stricken,  389. 

Red  Cross  Convention  of  1906,  353. 

Red  Cross  flag  and  brassard,  95,  98. 

Red  Cross,  League  of  Nations  to  pro- 
mote organization  of,  480. 

Red  Sea,  Sanitary  measures  in,  395, 
408. 

Referendum  vote  on  proposals  in 
Universal  Postal  Union,  165. 

Reforwarding  undelivered  interna- 
tional mail,  160. 

Registered  articles  sent  by  interna- 
tional post,  155. 

Registered  articles  sent  by  interna- 
tional post,  Responsibility  for,  156. 

Registration  of  shipping,  176. 

Relief  societies  to  be  allowed  to  aid 
prisoners,  295. 

Reparation  Commission,  Powers  of, 
556. 

Reparation  Commission,  Composition 
and  procedure  of,  560. 

Reparations  to  be  made  by  Germany, 
556. 

Reprisals,  International  law  concern- 
ing, 279. 

Reservation  of  United  States  to 
ratification  of  African  Slave-trade 
Act,  137. 


Restoration  of  invaded  areas  and  of 
seized  and  destroyed  articles,  567. 

Restitution  of  property  taken  in  war 
558. 

Rhine,  Central  Commission,  Powers 
and  duties  of,  501. 

Rhine,  Treaty  provisions  concerning 
the  banks  of  the,  487. 

Rhine,  Treaty  provisions  relating  to 
the  use  of  the,  628. 

Rhine-Meuse  navigable  waterway, 
Provisions  of  Peace  Treaty  con- 
cerning, 632. 

Rivers  declared  international  in 
Peace  Treaty,  622. 

Rolling-stock  on  German  railways, 
Provisions  of  Peace  Treaty  con- 
cerning, 634. 

Roman  governmental  system,  8. 

Russian  treaties  with  Germany  abro- 
gated, 525. 

Saar  Basin,  Boundaries  of  the,  488. 

Saar  Basin  ceded  to   France,  488. 

Saar  Basin,  Courts  in,  to  continue, 
494- 

Saar  Basin  to  be  governed  by  League 
of  Nations,  489. 

Saar  Basin,  Laws  in  force  Novem- 
ber n,  1918  to  continue  in,  494. 

Saar  Basin,  Provisions  of  Peace 
Treaty  concerning  mining  property 
in,  490. 

Saar  Basin,  Taxes  in,  to  be  levied  by 
Commission,  495. 

Saar  Basin,  Vote  to  be  taken  in, 
concerning  return  of  to  Germany, 
490-496. 

Safety  certificate  to  be  issued  to  ship 
after  survey,  204. 

Salmon  on  West  coast  of  North 
America,  225. 

Salvage  at  sea,  Convention  relating 
to,  217. 

Salvors  of  property  entitled  to  re- 
muneration, 218,  221. 

Salvors  of  persons  not  entitled  to  re- 
muneration, 218. 

Salvors  of  persons  entitled  to  remu- 
neration under  English  Merchants 
Shipping  Act,  222. 

Samoa,  German  rights  in,  terminated, 
588. 

Samoan  claims,  Arbitration  of,  254. 

Sanitary  convention,  International, 
383,  433- 

Sanitary    formations,    Provisions    of 


6;o 


INDEX 


International  Red  Cross  Conven- 
tion concerning,  355. 

Sanitary  guards  at  Moses  Springs 
and  Tor,  399. 

Sanitary,  Maritime  and  Quarantine 
Board  of  Egypt,  413-532. 

Sanitation,   International   success   of, 

434-  . 

Sanitation  of  the  seas,  229. 

Schleswig,  Frontier  in,  between  Den- 
mark and  Germany,  521. 

Sea,  Dominion  over  the,  175. 

Sea,  Safety  of  life  at,  190,  435. 

Seals,  Behring  Sea  controversy  con- 
cerning, 252. 

Second  Hague  Conference,  260. 

Secretariat  of  League  of  Nations,  473. 

Seizure  of  vessels  in  slave  trade,  129. 

Seven  Years'  War,  Termination  of 
the,  77. 

Shantung,  Provisions  of  Peace 
Treaty  concerning,  533. 

Shipping,  Destruction  of  by  subma- 
rines, 310. 

Shipping,  Treaty  regulations  concern- 
ing, 583- 

Ships,  Clearance  of,  177. 

Ships,  Entry  of  in  port  of  destination, 
210. 

Ships,  Lighting  of,  required  for 
emergencies,  203. 

Ships  to  be  delivered  to  Allies  by 
Germany,  565. 

Ships,  Registration  of,  176. 

Ships,  Survey  and  inspection  of,  205. 

Ships,  Speed  of,  in  fog,  etc.,  185. 

Ships,  Rules  governing  the  construc- 
tion of,  194. 

Ships,  What,  to  carry  radiotelegraph}- 
apparatus,  197. 

Shipwrecked,  Care  of  the,  in  naval 
war,  321. 

Siam,  Provisions  of  Peace  Treaty 
concerning,  529. 

Sick  and  wounded,  Care  of  the,  in 
naval  war,  320. 

Sick  and  wounded,  Provisions  of  the 
Red  Cross  Convention  concerning, 

354- 

Signals  by  sound  to  be  given  by  ves- 
sels in  fog,  etc.,  184,  185. 

Signals  by  sound  of  vessels  in  sight 
of  each  other,  188. 

Silesian  territory  given  to  Czecho- 
slovakia by  Peace  Treaty,  507. 

Slave-holding  countries,  Provisions 
of  General  Act  concerning,  131. 


Slavery,  Abolition  in  America  of,  116. 

Slavery  and  the  slave-trade,   114. 

Slaves,  Liberation  and  care  of,  un- 
der General  Act,  120. 

Slaves,  Transportation  of,  by  land, 
123. 

Slave-trade,  General  Act  for  the  re- 
pression of  the  African,  118. 

Slave-trade  by  sea,  Repression  of  the, 
124. 

Sovereignty,  Early  conceptions  of,  10. 

Spanish  Colonies  in  America,  Revolt 
of  the,  81. 

Spanish  Succession,  War  of  the,  76. 

Special  delivery  cf  international  mail, 

159- 

Spies,  Treatment  of,  297. 

Spirituous  liquors,  Restriction  of 
traffic  in,  in  Africa,  135. 

State,  Aristotle's  views  on  the  com- 
position of  a,  ii. 

State,  Modern  conceptions  of  the,  16. 

State,  Theories  of  organization  of 
the,  ii. 

Steam  vessels,  Lights  to  be  carried 
by,  178. 

Stock  Exchange  and  Commercial  Ex- 
change contracts,  Treaty  provis- 
ions concerning,  606. 

Stranded  vessels,  Duties  of  consuls 
relating  to,  221. 

Strasburg,  Port  of,  under  control  of 
Central  Rhine  Commission,  501. 

Submarine  Cables,  Laying  of  the  first, 
108. 

Submarine  cables,  Conventions  relat- 
ing to,  109,  300. 

Submarine  cables,  Cutting  of,  during 
the  war,  114. 

Submarine  cables,  Effects  of  conven- 
tion relating  to,  432. 

Submarine  cables  of  Germany  trans- 
ferred to  Allies,  572. 

Submarine  vessels,  Violations  of  in- 
ternational law  by  German,  302. 

Submarines,  German,  to  be  surren- 
dered or  destroyed,  545. 

Successes  and  failures  of  general 
welfare  conventions,  425. 

Suez    Canal,    Sanitary    measures    in, 

395- 
Suez,    Surveillance    and    disinfection 

at,  398. 

Surveys  of  ships,  205. 
Sussex,  Sinking  of  the,  311. 
Switzerland,  Provisions  of  the  Peace 

Treaty  concerning,  653. 


1XDKX 


671 


Tangier,  International  health  board 
of,  414- 

Telegraphs,  Cable  and  radio,  226. 

Tickets,  Through,  to  be  provided  on 
German  railways,  634. 

Trade  charges  on  articles  sent  by  In- 
ternational Post,  155. 

Trade,  Foreign,  of  the  United  States, 
27. 

Trade,  German,  with  Alsace-Lor- 
raine, 581. 

Trade-marks,  Convention  of  Ameri- 
can states  for  the  protection  of, 
366. 

Trade-marks,  Provisions  of  Indus- 
trial Property  Concerning,  375. 

Trade  regulations,  Germany  not  to 
discriminate  against  Allies  in,  581. 

Trade  in  white  women,  Treaty  con- 
cerning, 138. 

Transfer  of   vessels   to   neutral   flag, 

334- 

Transfers  of  property  under  orders 
or  decrees  during  war,  Validity  of, 

599- 

Transit  through  Germany  territory, 
Provisions  of  Peace  Treaty  con- 
cerning, 618. 

Trawling  vessels,  Lights  to  be  shown 
by,  183. 

Treaties,  Assembly  of  League  of  Na- 
tions to  advise  concerning  reconsid- 
eration of.  478. 

Treaties,  Arbitration,  240. 

Treaties,  Bilateral,  Allied  powers  to 
notify  Germany  concerning  con- 
tinuance of,  588. 

Treaties  of  Germany  with  Austria, 
Hungary.  Turkey,  and  Bulgaria  ab- 
rogated, 589. 

Treaties  of  Germany  with  Russia  and 
Koumania  abrogated,  589. 

Treaties  inconsistent  with  Covenant 
of  League  of  Nations  abrogated, 
478. 

Treaties,  Increase  in  number  of,  23. 

Treaties  made  by  the  United  States, 
40.  71- 

Treaties,   Method  of  making,  64. 

Treaties,  Multilateral,  continued  in 
force,  585. 

Treaties,  Rules  applied  in  deter- 
mining the  meaning  of,  70. 

Treaty  of  Mannheim  continued  in 
force,  628. 

Treaty  of  Peace  with  Germany,  467. 


Trial  of  persons  who  have  violated 

laws  of   war,  555. 
Trial  of  vessels  for  engaging  in  the 

slave  trade,  129. 
Tribal  organizations  of  Jews,  Greeks 

and  Romans,  5. 
Trophies,  flags,  works  of  art,  etc.,  to 

be  restored  to  France  by  Germany, 

573- 
Turkey,    Prohibition    of    slave-trade, 

by   Sultan  of,   132. 
Turkey      and      Bulgaria,      Germany 

agrees  to  accept  treaties  to  be  made 

by  the  Allies  with,  533. 
Turkish  funds  and  securities  held  by 

Germanv.     Provisions     concerning, 

578. 

Unfair  competition,  Treaty  provis- 
ions concerning,  583. 

United  States,  Declaration  of  war 
against  Germany  by,  312. 

United  States,  Foreign  commerce  of 
the.  27. 

United  States,  Mingling  of  races  in 
the,  36. 

United  States,  Reservations  by,  to 
ratification  of  General  Act  concern- 
ing the  African  Slave-trade,  137. 

Universal   Postal   Convention,    151. 

Unseen  natural  forces,  Uses  of,  230. 

Utrecht,  Peace  of,  76. 

Utrecht,  Provisions  of  treaty  of,  con- 
cerning slaves,  115. 

Vattel,  Work  of  on  international 
law,  47. 

Versailles,  Treaty  of,  of  1783,  78. 

Vessels  laying  submarine  cable, 
Lights  to  be  carried  by,  180. 

Vessels  laying  submarine  cable,  Sig- 
nals to  be  given  by,  180. 

Vessels  not  under  command,  Lights 
to  be  carried  by.  179. 

Vessels,  Lights  to  be  carried  by  small, 
181. 

Vessels,  Sound  signals  to  be  given  by, 
185. 

\  essels.  Stoppage  of,  suspected  of 
transporting  slaves,  uS. 

Vessels,  tugs  and  boats  on  certain 
rivers  to  be  ceded  to  Allies,  565. 

Vessels,  What,  considered  contami- 
nated, 387. 

Vienna,  Congress  of,  of  1815,  79. 

Violations  of  Submarine  Cable  Con- 
vention, Procedure  in  case  of,  in. 


672 


INDEX 


Von  Moltke,  Views  of,  on  the  con- 
duct of  war,  287. 
Vote  on  boundaries  of  East  Prussia, 

SIS- 
Vote   on   the  boundaries   of   Poland, 

5«- 

Vote  on  boundaries  in  Schleswig,  522. 

Warships,  German,  to  be  converted 
into  merchant-ships,  544. 

Warships,  Limitations  on  the  size  of 
German,  545. 

Warships,  Stay  of,  in  neutral  ports, 
325. 

Warships  to  be  surrendered  by  Ger- 
many, 543. 

War  terminates  diplomatic  relations, 
57- 

War  or  threat  of  war,  Action  by 
League  of  Nations  in  case  of  474. 

War  vessels  passing  through  Suez 
Canal,  401. 

War  Zone,  Declaration  of,  by  Ger- 
many, 310. 

Weights  and  Measures,  International 
Bureau  of,  100. 


West  Indian  pirates,  215. 

Westphalia,  Peace  of,  74. 

White  women,  Treaty  concerning 
trade  in,  139. 

William  II  of  Hohenzollern,  Arraign- 
ment and  trial  of,  554. 

Wireless   telegraph  convention,   116. 

Withdrawal  of  articles  sent  by  inter- 
national post,  157. 

World  organization,  Advantages  to 
be  expected  from,  23. 

Wounded  and  sick  -soldiers,  Provis- 
ions of  Geneva  Convention  con- 
cerning, 95. 

Yellow    fever,    Measures   concerning, 

391. 

Yellow  fever,  Notification  required  of 
appearance  of,  383. 

Zanzibar,  International  Bureau  for 
suppression  of  slave  trade  at,  124, 

133- 
Zanzibar,   Measures  to  be  taken  by, 

against  the  slave  trade,  132. 
Zones  Free  in  German  ports,  Peace 

Treaty  provisions   concerning,  621. 


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